Former Mombasa Senator Hassan Omar. [Photo/citizentv.co.ke]
The case challenging the election of Mombasa Governor Hassan Joho will go on after the High Court declined to allow Hassan Omar, the petitioner, to withdraw the case.
In January, the former Senator made an application seeking to withdraw the case claiming that the presiding Judge Lydia Achode's ' open bias' means that justice will not be served.
But while making a ruling on Friday over the matter, the Judge dismissed the application saying that the question of impartiality had been addressed.
"This court notes that it is impartial and only guided by applicable laws in dealing with the petition, in addition, the issue of bias had been previously addressed substantively," noted the Judge.
Earlier, Omar through his lawyer Yusuf Aboubakar had asked Justice Achode to withdraw from the hearing if the petition amid claims that she was biased. But she declined, saying that she cannot be bullied.
Omar lost to Joho in the August 8 contest after coming distant third with slightly over 40,000 votes to Joho's over 200,000.
However, he rushed to court challenging the reelection of the ODM deputy party leader claiming that the election was marred by irregularities.