Failure by former senator Hassan Omar to include the Mombasa deputy governor in a petition challenging Mr Hassan Joho’s election as governor renders it defective and incompetent, a court heard.
Through lawyer Paul Buti, Mr Joho in an application at the Election Court, said the exclusion of his deputy William Kingi from the petition was constitutionally fatal to the entire suit.
PETITION
Mr Joho, who wants the petition by Mr Omar and his running mate Linda Shuma struck out, argued that the law described and recognised the deputy governor as a candidate in the election together with that of the county chief.
Mr Joho, who wants the petition by Mr Omar and his running mate Linda Shuma struck out, argued that the law described and recognised the deputy governor as a candidate in the election together with that of the county chief.
“The Constitution, Elections Act and Election general regulations have all made abundant provisions for the election of the deputy governor directly by the people,” he said.
In his application, he said Mr Omar and Ms Shuma had filed the petition as one hence failure to include Mr Kingi rendered the petition defective.
IEBC
The governor said continuing with the hearing would violate Mr Kingi’s rights as the result of a trial conducted without his participation.
The governor said continuing with the hearing would violate Mr Kingi’s rights as the result of a trial conducted without his participation.
The judge directed the petitioners to file their responses within the next five days.
Through lawyer Paul Nyamodi, the electoral commission, which has also been sued, indicated that it will support the application by Mr Joho and was given three days to file its response.
The application by Mr Joho will be heard on October 9.
