Petition challenging Sonko’s election to proceed

Written By: Ben Chumba
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Election Sonko

The High Court has dismissed an application by Nairobi governor Mike Sonko seeking to strike out a petition challenging his election.

In his ruling, Justice Msagha Mbogholi said it was not mandatory that a Deputy Governor be included in an election petition, a ground that Sonko had banked on to have the petition dismissed.

In his ruling, Justice Msagha Mbogholi found no requirement in law compelling the petitioner to include the deputy governor as a respondent in an election petition.

 Mbogholi further directed that no applications and adjournments will be allowed by the court as the case is set to be heard from 8th -12th January next year.

In his application, Sonko had argued that the petition was fatally defective as his deputy Polycarp Igathe was not enjoined.

But petitioners Japthet Muroko and Zacheus Okoth insisted that their petition is time specific and allowing the application by the Governor would only duplicate the arguments to be made in the petition.

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And the Machakos high court has ordered Machakos governor Alfred Mutua and former Kathiani MP Wavinya Ndeti to present one Ham Lagat in court on Monday to shed light on whether he signed Ndeti’s petition affidavits.

Lagat was drawn into the election petition controversy this week when governor Mutua’s lawyer Benjamin Musau produced a letter in court allegedly from Lagat disowning the signatures in Ndeti’s affidavits.

However, Ndeti’s lawyers Martin Gitonga and Willis Otieno maintained that the petition had been commissioned by Lagat.

Presiding judge Justice Aggrey Muchelule warned that the allegations had criminal consequences and could bring the petition to a close should it be established that the affidavits were not duly commissioned.

And Langata Member of Parliament Nixon Korir took the witness stand to testify in a petition challenging his election as Langata MP.

In his testimony, Korir informed the court that he was duly declared winner by the electoral body IEBC following the August 8 poll which he says was conducted under strict adherence of the law.

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In the case, Oscar Omoke want the court to nullify the Langata constituency election on grounds that it was marred with irregularities that could have influenced the win by Nixon Korir.

Elsewhere, Kiambu High Court Judge Joel Ngugi has declined to disqualify himself from hearing a murder case facing the widow of Kiru boys Secondary principal who was brutally killed in November last year.

While dismissing an application by  Jane Muthoni and Isaac Ng’ang’a who are accused of killing Solomon Mwangi,  Justice Ngugi ruled that he found no grounds to excuse himself  from the case and that doing so would lead to possible miscarriage of justice.

The duo wanted the court to disqualify itself from hearing the case for reasons that the same court has heard and determined a prior case where the accused have been adversely mentioned.

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