Mombasa, KENYA: A Mombasa high court on Monday declined to issue temporary orders barring Senator Hassan Omar Sarai from contesting in the gubernatorial seat.
“This court will not be used to interfere with the August election process,” ruled Justice Erick Ogolla.
This comes after Hamilitoni Mwakitele Mwalongo filed a petition under urgency seeking orders to bar Omar from contesting the Mombasa governor seat.
Mr.Omar who represented himself in the court, said he did not understand why the petitioner chose only him out of 47 senators.
He added that he was served papers on Friday and he needed more time to file, reply affidavit and also to enjoin other senators.
Justice Ogola gave Mr. Omar and IEBC seven days to respond to the affidavits.
The petition will be mentioned on 15th August, 2017.
Petitioner through his lawyer Jesse David Odoury argued that Senator Omar had not resigned as the senator.
He also sued IEBC for clearing him when he was still a state officer.