Mombasa,KENYA:Former Mombasa senator Hassan Omar Sarai has withdrawn an appeal challenging the re-election of Mombasa governor Hassan Joho.
Omar agreed to withdraw an appeal following intervention of the court of appeal judges.
He had filed an application seeking to strike out an election petition over allegation of biasness by a court.
But justice Lydia Achode dismissed application saying Omar did not demonstrate how the court was favoring Joho.
The two signed an agreement that costs awarded to Joho and IEBC which amounted to sh.8 million and which were to be paid by Omar reduced to sh.3 million.
Justice Achode upheld Mr Joho’s election saying that the grounds raised by the petitioners in seeking the nullification of the August 8 poll outcome were insufficient, based on hearsay and lacking in evidence.
Justice Achode said that Omar and his running mate Linda Shuma, failed to prove allegations of ballot stuffing, voter bribery and un-stamped ballot papers.
“The petitioner did not prove the case as per the standard. The evidence he adduced before the court is not substantial to warrant a nullification of the election.” ruled Achode