Mombasa, KENYA: A Mombasa Court has dismissed an application filed by former Senator Hassan Sarai Omar seeking the withdrawal of an election petition challenging the results of the Mombasa gubernatorial seat.
Lady Justice Lydia Achode on Friday ruled that Mr.Omar has not provided sufficient grounds on why he intended to withdraw the petition he filed challenging Governor Ali Hassan Joho’s win.
“This is a court of evidence and guided by the law, the issue of biasness was determined during the ruling on the application of the recusal of the judge hearing the petition,” ruled Achode.
Achode added that election courts had only three weeks to determine all election petitions and it will be very difficult for Mr.Omar’s petition to be heard in a new environment.
Mr.Omar had alleged that he no longer has confidence in the neutrality of lady justice Lydia Achode and believed that he will not get justice in his election petition.
Justice Achode earlier dismissed an application filed by Omar seeking her recusal over biasness.
Joho and IEBC had also opposed the application to withdraw the petition, claiming that Mr.Omar was doing so in bad faith.
Through his lawyer Mohammed Balala, Joho requested the court to order Mr.Omar to pay the three respondents a total of sh.30 million.
Justice Achode has assured Omar that the court will hear and determine the petition without any favour.
