Nairobi Governor Mike Sonko has urged court of appeal judges Justices Roselyn Nambuye, Gatembu Kairu and Kathurima M’Inoti to dismiss the appeal challenging high court decision that struck out his election saying that the election petition at the High Court was filed with an intention to blackmail and extort from him.
He claims that the two people challenging his win wasted their chance at the high court and are now abusing the court process by filing an appeal.
Through his lawyers Harrison Kinyanjui and Cecil Miller, Sonko has defended Justice Msagha Mbogholi desicion saying that he was right in striking out the petition because the two petitioners were not interested in prosecuting the case.
“You cannot ignore the fact that thousands of his (supporters) were also anxious and wanted the case brought to a finality. Withdrawing the case would have caused more anxiety,” submitted Kinyanjui
Mungai Nani for the Independent Electoral and Boundaries Commission said that the judge declined the application for adjournment because it was apparent the petitioners were not ready to prosecute the case.
Nani urged the court of appeal judges to dismiss the appeal.
Japheth Muroko and Zacheus Okoth had challenged Sonko’s election as Nairobi Governor but the case was dismissed by Justice Msagha saying that the two were no longer interested in prosecuting the case.
The two want the matter taken back to the high court for a fair hearing. Through their advocate Dr John Khaminwa, they argue that the Judge erred in law in striking out the election petition.
He also argued that punishing them to pay costs of 5million shillings yet the case was not heard, was unfair.
The court will give a ruling on April 13.
