Two petitioners have been ordered to pay Nairobi Governor Mike Mbuvi Sonko and the Independent Electoral and Boundaries Commission (IEBC) Sh2.5 million each.
This is after High Court on Tuesday (9/1/18) struck out a petition challenging Governor Sonko’s election in the August 8 General Election.
According to Justice Msagha Mbogholi, the petition was thrown out without full hearing after voters (Japheth Muroko and Zacheus Okoth), who had filed the petition withdrew the case citing concerns for their security.
“It is a drastic thing to do given that the court cannot proceed after the petitioners made the application to withdraw the suit. Although the law allows them to withdraw, I cannot allow the application but instead order that it be struck out,” ruled Judge Mbogholi.
The judge said he had declined to allow the application for withdrawal of the suit by the petitioners to save Governor Sonko and IEBC from a case of another person taking over the petition.
Under poll petition rules, a case does not end when the petitioners withdraw it. The law allows for substitution and any person can take over the case and continue with it.
“The petitioners stated they have no interest in continuing with the case and want to withdraw it. But anxiety shall still remain on the respondents whether another person will come forth to take over the case. The only thing is to strike out the case to avoid such a scenario,” the judge ruled.
The two voters wanted the results of the Nairobi governorship race nullified, arguing that they were marred with irregularities and illegalities.