The petition challenging the election of Mike Mbuvi Sonko as Nairobi Governor will now proceed to full hearing after the High Court on Thursday morning dismissed an application to dismiss the case.
The Independent Electoral and Boundaries Commission (IEBC) had asked the court to dismiss the petition against Governor Sonko saying that it is “incurable and defective for failing to join a critical party, deputy governor, to the proceedings.”
In the application, Mr. 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.
The hearing of the case was set for January 8 – January 12, 2018, with the judge adding that no applications and adjournments will be allowed by the court.
The court also noted that there is no single allegation that had been made against Mr. Igathe, therefore his right for a fair hearing have not been violated.
The two petitioners, Japeth Muroko and Zacheus Okoth Oliech, opposed Sonko’s assertions claiming that his application seeking dismissal of the case lacked merit.
They argued that the petition dated 8th September, 2017 complies with the law and the mandatory provisions of Rule 8 of the Elections (County and Parliamentary petitions) rules.