Mombasa Law Courts. Mombasa Governor Hassan Joho was seeking orders to cross-examine former senator Hassan Omar. Photo/payne-james.co.uk
Mombasa Governor Hassan Joho on Thursday filed an application seeking court orders to recall former senator Hassan Omar for re-cross examination.
Governor Joho through his legal team were seeking court orders in a petition filed by Mr Omar who is challenging the victory of Mr Joho claiming that his re-election was marred by irregularities.
Mr Joho through his lawyer Mr Mohammed Balala were requesting the court to allow them to cross-examine Mr Omar over his affidavit seeking recusal of the judge hearing his petition.
On January 8, Mr Omar wanted Justice Lydia Achode to disqualify herself from hearing the petition he filed against governor Joho saying that she has displayed double standards by accepting to hear and grant applications by Mr Joho and the Independent Electoral and Boundaries Commission (IEBC), while dismissing those he has filed.
IEBC lawyer Paul Nyamodi also opposed Omar’s application to have the judge recuse herself saying it was a failure of legal representation of Mr Omar.
Justice Achode however denied to issue the orders to recall Mr Omar.
Mr Omar through his lawyer Yusuf Aboubakar want Justice Achode to take the file to the Chief Justice to appoint another judge to hear the petition.
He said the judge has not acted in the interest of justice adding that Justice Achode has demonstrated in court that she would not grant his application for scrutiny even before it is heard.
In the petition Mr Joho has denied allegations by the former senator that he colluded with IEBC in influencing the outcome of the election.
Mr Omar wants the court to order IEBC to conduct a fresh election for the governor in Mombasa and for them to observe the Elections Act and regulations.