The case in which the Independent Electoral and Boundaries Commission (IEBC) is seeking to strike out a petition challenging the election of Nairobi Governor Mike Mbuvi Sonko will be determined this Thursday at the Milimani Law Courts.
In submissions made through its lawyer Nani Mungai of MMC Africa Law, IEBC Monday urged presiding Judge Msagha Mbogholi to strike out the petition terming it fatally defective since it failed to include Mr Sonko’s Deputy Polycarp Igathe.
IEBC has argued that Mr Sonko’s election cannot be separated from that of his deputy.
IEBC is protesting at the petitioners’ subtle trampling on the Deputy Governor’s right to be heard in the petition.
Should justice Mbogholi concur with him and dismiss the petition, IEBC wants the respondents ordered to pay the costs of the petition.
Meanehile, last month Sonko filed an application in court seeking to have a petition challenging his election struck out.
The County boss urged presiding Judge Msagha Mbogholi to dismiss it as defective for failure to include his Deputy Polycarp Igathe.
According to Sonko, this amounts to abuse of the court process and is fatal.
Sonko through his lawyers Cecil Miller and Harrisson Kinyanjui, argued that his election cannot be separated from that of his deputy.
Should justice Mbogholi concur with him and dismiss the petition, Sonko also wants the respondents ordered to pay him 30 million shillings as costs of the petition.
Former governor Evans Kidero also made an application to court seeking to be enjoined as an interested party to the petition.
Through lawyer Tom Ojienda, Kidero urged the court to enjoin him as an interested party to Japheth Moroko’s petition for personal interests.
He told Justice Msagha Mbogholi that if allowed to take part in the proceedings, Governor Sonko will suffer no prejudice. But Sonko implored the court to dismiss Kidero’s application insisting it is an afterthought and a backdoor suit to challenge his election.
Sonko’s election was challenged by two voters, Japheth Muroko and Zachaeus Okoth.
Kidero claimed that more than 60 per cent of the Forms 37A, used to declare Sonko the winner, had irregularities such as missing signatures by agents while others had varied dates.
Kidero argues the anomalies affected over 308,918 votes