Mombasa Senator and governor aspirant Hassan Omar when he appeared in court on Monday. [Photo: Hassan Joho/ facebook.com]
Senator Hassan Omar Monday received a reprieve after the High Court in Mombasa declined to issue orders stopping him from running for governorship.
According to the Standard, Justice Eric Ogola said he didn’t want to derail IEBC’s programme and its time frame with only a week to the general election.“The matter raises pertinent confusing issues in the constitution but I’m convinced that the petition is not urgent enough for me to issue orders seeking to stop or derail the election process scheduled for August 8. The matter touches on all the senators and MPs and this court does not wish to issue any orders that will affect the elections. So the matter will be heard after the elections,” he said.The orders come after a voter in Mombasa Hamilton Mwakitele Walongo moved to court on July 29 seeking it to issue orders to bar Omar from the polls.According to him, Omar had breached the law as he had not resigned his senatorial seat before seeking governorship. “I want the nomination of Omar for the position of governorship, Mombasa County, by Wiper Democratic Party and subsequent acceptance of the nomination by the IEBC be declared improper, unlawful and consequently null and void,” said Walongo in his affidavit at the court.The affidavit was filed under a certificate of urgency.“Senator is a sitting and an active Member of Parliament, specifically the Senate, up to until August 8, 2017, hence a State officer and is therefore ineligible to contest the gubernatorial seat,” said Mr Walongo.However, Omar, who was present in court, said the petition had been brought in bad faith and was targeting him alone out of the 47 senators.He asked for more time to file a replying affidavit challenging the petition which, he stated affects all senators and MPs. He said the petition should be heard and determined after the election.On his part, IEBC lawyer said there were other avenues to address the issues Walongo had raised.“The process of nomination of MPs and senators is elaborate and there is the Political Party tribunal, IEBC tribunal and High Court and all this process ought to be exhausted,” he noted.Walongo's lawyer, David Odour, however, said the petition should be heard before the polls because the matter raises pertinent constitutional issues, including breach of the constitution.“If the elections were to happen with the gazette notice as it is now, it will be a waste of public resources when ineligible candidate is voted. It means elections will be a nullity.”