The Appeals Court has on Monday dismissed a petition challenging Nairobi Governor Mike Sonko’s August 8th, 2017 victory for lack of evidence.
Petitioners Japheth Muroko and Zacchaeus Okoth Oliech had lodged an appeal at the second highest court after being dissatisfied with the ruling by Justice Msagha Mbogholi, who dismissed their petition contesting Sonko’s election at the High Court.
In the appeal, the two petitioners argued that Justice Mbogholi erred in law and in fact in dismissing their petition.
“The learned judge erred 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,” read court documents by the two.
However, the Court of Appeal on Monday ruled that the lower court acted judiciously in striking out the case. On January 9th, Justice Mbogholi struck out the petition challenging Sonko’s victory after the petitioners told the court they were not ready to pursue it further.
However, Judge Mbogholi refused to grant them the prayer for withdrawal and instead dismissed the case, saying that the petitioners failed to follow due procedure.
The judge argued that withdrawing the petition would have left the respondents anxious, as any other party may apply to be substituted.
