Mombasa, KENYA: Outgoing Mombasa senator Hassan Omar on Tuesday failed to appear in court for the hearing of a petition that challenged his candidature, after he lost in the gubernatorial race.
Mr.Omar who chose to represent himself in court had earlier asked court to grant him more time to enable him file a replying affidavit to the petition.
“Mr. Omar might not be in court because he understands the consequences of the ruling, talk to him so that you withdraw the matter,”said Justice Erick Ogola.
But the petitioner’s lawyer Jesse David Odoury said that if the petition will be successful, it will not only affect Mr. Omar but also other senators and Members of National assembly who are elected governors in completed polls.
In a petition filed in a Mombasa high court early August, all state officers seeking to contest for gubernatorial seats including the MPs and senators ought to have resigned from their positions.
A Mombasa resident Hamilitoni Mwakitele Mwalongo, also sued the Independent Electoral and Boundaries Commission for allegedly violating the constitution by clearing Mr.Sarai to contest for the gubernatorial seat.
Mr.Odoury earlier told journalist that the petition cuts across all the sitting mps and senators.
He further said the petition was filed in a Mombasa court because the petitioner is a Mombasa resident.
Justice Ogola has directed Mr. Odoury and IEBC to file brief witness statements in court.
Hearing is set on 29th September 2017.