A case seeking the declaration of outgoing Mombasa Senator Hassan Omar as unfit to hold public office will continue at the Mombasa Hight Court, this is according to the petitioner, Hamilton Mwakitale.
Mwakitale, a Mombasa voter had moved to court seeking the nullification of Omar and other state officials’ candidature for failing to resign before presenting their papers to the IEBC.
Hamilton Mwakitele said Omar and other serving MPs and senators that were vying for governor ought to have resigned five months to election.
Mwakitale had also sued the IEBC for failing to adhere to election laws by clearing Omar and other candidates.
Judge Erick Ogolla on August 1, 2017 said the matter was not urgent and a different date for hearing was set.
Judge Ogolla said he did not want to interfere with the election.
“I wonder why the matter has been brought to court a few days to the election,” Ogolla said. Omar had questioned why the petitioner had singled him out among other officials.
Through his lawyer, Jesse Oduor, Mwakitale says he has nothing personal against Omar and only wants the court’s direction on that issue, saying a ruling by the court will help look into other similar scenarios, which could lead to the nullification of election of Senators who continued to hold public office – in elective or different appointive positions – five months to poll date.
Mwakitale made the statement after being asked by Judge Ogolla why he deems the case as relevant yet the elections had already taken place and outcomes revealed.
Judge Ogolla has ordered the petitioner to present before the court written justification as to why the case should continue. The judge further ordered Mwakitale to present, before the court, his list of witnesses in the case.
The case will be heard on September 28.
Hassan Omar, who garnered 43, 755 votes lost to Mombasa Governor, Hassan Joho, who got 221, 095 votes in the August 8 general election.