Former Mombasa Senator Hassan Omar on Monday disclosed three ways he claims the judge hearing his petition challenging Hassan Joho's win during August polls is favouring the Governor.
Through his lawyer Yusuf Abubakar, the former Wiper politician accused Judge Lydia Achode of bias by applying double standards in handling the case.
Mr Abubakar claimed that the Judge expressly showed favour to Joho's team agreeing to grant applications by the Governor but refused to hear those he had filed.
"The act of denying us basic election materials, despite our prayers, and the move to strike out some of our evidence is a clear indication of bias," he explained.
[caption caption="File image of former Mombasa Senator Hassan Omar"]
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This was after the Judge declined to grant orders compelling the Independent Electoral and Boundaries Commission (IEBC) to avail the form 37A.
He further stated that the judge entertained a myriad of irrelevant questions from Joho's legal team while granting them open latitude during cross-examination of their witnesses.
Mr Omar lamented that the same was not extended to his team.
“It is with this that I am convinced that the judge has not acted in the interest of justice, has engaged in misconduct by acting outside the law and has evidently been mischievous,” his lawyer conveyed.
Thirdly, the former Senator maintained that Judge Achode put up technical barriers to have the case invalidated.
"This was a deliberate attempt by the judge to undermine the core of the qualitative analysis of gubernatorial elections," the lawyer stated.
Earlier in December, IEBC sought to have the petition seeking the declaration that a Senator is ineligible to be elected as a Governor dismissed.
Responding to the petition by a Mombasa voter, IEBC stated that the contention that a Senator, being a public officer, has to resign before seeking any elective position was inaccurate.
[caption caption="File image of Hassan Joho and Hassan Omar"]
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In a petition against Mr Omar, Mr Hamilton Walongo - the petitioner - wants the court to declare the legislator as having been ineligible to vie for governorship in the August 8 elections.
