The High Court has dismissed a petition challenging the election of Mike Mbuvi Sonko as Nairobi Governor.
Judge Msagha Mbogholi issued the ruling after the petitioners; Japheth Muroko and Zachaeus Okoth Oliech, made an application on Tuesday for leave to withdraw the election petition whose hearing was scheduled for January 8th to January 12, 2018.
The petitioners cited security reasons, free will and own volition as grounds for the withdrawal of the petition.
In a ruling on Tuesday morning, Justice Msagha Mbogholi directed the two petitioners to pay Sonko and IEBC a total of Ksh 5 million as the cost of the suit.
Mbogholi noted the ruling was “drastic” but said he had no option because the two petitioners told the court they were no longer interested in pursuing the case.
On December 7, 2017 the High Court dismissed an application by the electoral commission to dismiss the petition against Governor Sonko.
The Independent Electoral and Boundaries Commission (IEBC) had asked the court to dismiss the petition against Governor Sonko saying that it was “incurable and defective for failing to join a critical party, deputy governor, to the proceedings.”
In the application, Sonko also insisted that the election petition against his August 8 election should be dismissed on grounds that it is defective for failure to include his deputy, Polycarp Igathe.
However, Judge Mbogholi Msagha struck out the application ruling that the deputy governor is not a mandatory party in an election petition