In Summary
  • Hassan Omar said the judge is biased and favours applications by Mombasa Governor Hassan Joho and the IEBC.
  • He wants another judge appointed to hear the petition he filed against Mr Joho's election.

Former Mombasa senator Hassan Omar wants a judge to disqualify herself from hearing his petition challenging the election of Governor Hassan Joho.

He claimed that Justice Lydia Achode is biased.

‘BIAS’

Through lawyer Yusuf Aboubakar, Mr Omar said he wants Justice Achode to take the file to the Chief Justice to appoint another judge to hear the petition.

Mr Omar said the judge has displayed double standards by accepting to hear and grant applications by Mr Joho and the Independent Electoral and Boundaries Commission, while dismissing those he has filed.

“The presiding judge has given open latitude to the respondents’ advocates when cross-examining the petitioners and their witnesses but restricted the petitioner’s advocates when cross-examining the respondents and their witnesses,” said Mr Omar.

The former senator argues that Justice Achode has demonstrated in court that she would not grant his application for scrutiny even before it is heard on the basis of witnesses’ evidence on record.

PETITION

In the petition Mr Omar and his running mate Ms Linda Shuma are challenging the election of Mr Joho and want the court to declare that there were massive irregularities.

The former senator said Justice Achode has not acted in the interest of justice, has acted outside the law and has been biased.

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