Supreme Court dismisses appeal against Joho
By Haligan Agade/Dzuya Walter
The Supreme Court Tuesday dismissed as null and void a case challenging the election of Mombasa Governor Ali Hassan Joho and his Deputy Hazel Katana.
The appeal was filed by his main challenger in the Mombasa County Gubernatorial race Suleiman Shahbal who moved to the court of appeal in a bid to overturn the high court judgment which declared that Joho and Katana were properly elected as Mombasa county boss and deputy respectively.
Joho subsequently moved to the Supreme Court to seek interpretation of article 76 of the constitution on the time-frame within which an election petition is supposed to be filed.
The verdict by the Supreme Court’s five judge bench consisting of Deputy Chief Justice Kalpana Rawal, Njoki Ndungu, Jackton Ojwang among others stated that the petition by Shahbal had been filed six days outside the bounds of the time allowed by the law.
Shahbal’s main contention was that the gubernatorial elections for Mombasa County fell short of meeting the threshold of free and fair elections as laid down by law.
He had asked the Court to set aside the results of the gubernatorial elections as announced by the IEBC on 7th March, 2013 and the subsequent declaration and gazettement of those results on 13th March, 2013.
Separately the four terror suspects who were arraigned in court Monday over the suspected terrorist attack at the Jomo Kenyatta International Airport on the 16th of last month finally pleaded not guilty to the charges.
The suspects Hassan Abdi Mohammed, Mohammed Osman Ali, Yusuf Warsame and Garad Hassan Ferr were reportedly found to be in possession of military explosives following a search by the Anti-Terrorism Police Unit at their house in Ushirika estate in Nairobi.
Another suspect Musdaf Hashi is at large and Magistrate Doreen Mulekyo issued an arrest warrant for him. Their quest for bail was not granted and they were remanded in industrial area until the 12th of February 2014 when they will be back in court.