The Court of appeal on Monday dismissed a petition against Nairobi Governor Mike Sonko‘s election citing lack of evidence.
The three-judge bench found that the ruling by the High Court to uphold Sonko’s election was in good judgment.
Following the ruling, the petitioners’ lawyers declared that they would move to Supreme Court to challenge the decision.
Earlier in January 9, High Court Judge Msagha Mbogholi threw out the petition filed by Nairobi residents Japheth Muroko and Zacchaeus Okoth Oliech.
The court further ordered the two petitioners to pay a total of Ksh5 Million to the Governor and the Independent Electoral and Boundaries Commission (IEBC).
The ruling came after the two petitioners withdrew the case alleging they had received death threats.
Governor Sonko, through his lawyers Cecil Miller and Harrison Kinyanjui, maintained that the supposed threats were unsubstantiated, and blamed the petitioners for attempting to derail the proceedings.
“There is lack of credible evidence that these threats have been made. The petitioner must give the court an identifiable cell phone number.
“Those sabotaging the case must be brought to book,” Kinyanjui stated.
The petitioners escalated the matter to the Court of Appeal claiming that the judge had erred in striking out the petition.
“The learned judge erred in law and fact in failing to consider and apply the law and principles relating to election petitions and by taking into consideration irrelevant issues and in misguiding himself and misinterpreting facts and the law,” the court documents read in part.