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Why Hassan Noor withdrew the appeal case against Ali Roba of Mandera

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Hassan Noor Hassan vied for the gubernatorial seat of Mandera County in last years general election. (Courtesy)

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NAIROBI—Mandera Governor Ali Roba has been handed a reprieve after his rival withdrew a petition seeking to challenge his win in the August General election.

Former gubernatorial aspirant Hassan Noor Hassan asked the court to abandon the case out of what he termed as goodwill.

His lawyer Tom Ojienda filed a notice at the Court of Appeal.

“We refer to the matter scheduled for hearing on May 28 and confirm that on May 10 we filed a notice of withdrawal as we do not intend to proceed with hearing of the appeal. We have firm instructions from the appellant to withdraw the same,” Ojienda said in court documents.

After last year’s August election, Noor filed a petition seeking the nullification of Roba’s election on grounds of massive irregularities and illegalities.

Sources privy to Hassan Noor  told Kulan Post the Sports Chief Administrative Secretary was facing pressure from the Gare Council of Elders to drop the petition for the common growth of Mandera County.

However, its understood that Hassan Noor will be replacing the current governor, Ali Roba come the general election with the blessings of the said elders.

According to Kullow, governor Ali Roba’s legal adviser, the decision will allow the incumbent governor enough space to work during his second and last term in power.

“This has been a reconciliation process that has involved all stakeholders including Garre Council of Elders and the two political competitors  finally came into common understanding,” he said.

In mid March, Noor filed an appeal, saying Justice Ochieng misdirected the facts and evidence and misinterpreted the law on determining the issues he raised.

He said the judge erred in not appreciating sufficiency of the evidence presented in the case.

The judge dismissed claims by Noor that the commission altered gazetted polling stations by relocating them.

He said the petitioner failed to show how the alleged relocation affected how the people voted.

In addition, Justice Ochieng said the electoral commission confirmed that all polling stations were gazetted.

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