Hassan Omar, former Mombasa Senator. [Photo/the-star.co.ke]

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Former Mombasa Senator Hassan Omar has suffered a setback in his election petition seeking to overturn Governor Hassan Joho election victory in the August 8 polls.

This after the High Court on Friday declined to hear an application that sought to nullify results announced by county returning officer in the Mombasa governor race.

Omar and his running mate Linda Shuma had asked the court to declare null and void the results announced by the Independent Electoral and Boundaries Commission (IEBC) and Nancy Wanjiku Kariuki.

"IEBC and Kariuki failed to declare the results by use of forms 37A, B and C as the law dictates," he said through his lawyer Yusuf Aboubakar.

Justice Lydia Achode said the application by the petitioners was time-barred.

"The issues raised in the application were to be argued during the submissions stage of the petition," judge Achode ruled.