Why the High Court has Declined Sonko’s Bid to Dismiss Election Petition
Nairobi Governor Mike Sonko has suffered a setback in his bid for the petition challenging his victory to be dismissed.
Sonko, through his lawyers Harrison Kinyanjui and Cecil Miller, had implored the court to throw out the petition on grounds that failure to include his deputy, Polycarp Igathe, denied him the right to a fair hearing.
Sonko’s lawyers argued that his election could not be separated from that of his deputy.
“Such non-compliance is fatal inasmuch as it cannot be cured by amendments. The window to secure any lawful amendment to the petition has since closed, and the defects are hence incurable,” Sonko said in a sworn statement.
The petition against Sonko’s election was filed by two voters – Japheth Muroko and Zacheus Okoth – on grounds that the August 8 vote was marred by massive irregularities and illegalities.
The Independent Electoral and Boundaries Commission, through lawyer Nani Mungai, also termed the omission of fatal since Sonko’s election cannot be separated from that of his deputy Igathe.
But on Thursday, High Court Judge Msagha Mbogholi dismissed Sonko’s argument saying that a Deputy Governor is not a mandatory respondent in an election petition.
Sonko beat ODM’s Evans Kidero whose bid to join the case, claiming he had a stake in the outcome, was rejected by the court last month.
This article was first published by Nairobiwire.com