Nairobi Governor Mike Sonko during the hearing of his case in November last year [photo|Standard Digital]
Two petitioners have filed a case in the Court of appeal challenging the decision of High Court judge, Msangha Mbogholi of upholding Nairobi Governor Mike Sonko's win in the August 2017 election.
Justice Mbogholi on January 9 dismissed the case challenging Sonko 's election after petitioners in the case told the court they were not interested to prosecute it further.
The petitioners claimed they had received death threats.The two petitioners, identified as Japheth Muroko and Zacchaeus Okoth Oliech, say they are dissatisfied with the ruling of Justice Msagha Mbogholi and are interested in challenging the decision in totality.
According to the petitioners, Judge Mbogholi erred in law and in fact in striking out the petition.“The learned judge erred in law and fact in failing to consider and apply the law and principles relating to election petitions and by taking into consideration irrelevant issues and in misguiding himself and misinterpreting facts and the law,”reads court documents.
During the first round of hearing the case, Judge Mbogholi, declined the prayer for withdrawal and instead struck it out since the petitioners did not follow due procedure.
According to the judge, withdrawal would have left the respondents anxious as any other party may apply to be substituted.