Sonko’s election petition back in court

Petitioners in a case challenging the election Nairobi Governor Mike Sonko have moved to the Court of Appeal three weeks after the High Court dismissed the petition.

In the notice of appeal, the two petitioners; Japheth Muroko and Zacchaeus Okoth Oliech, say they are dissatisfied with the ruling of Justice Msagha Mbogholi and intend to appeal the decision in totality.

The two petitioners claim that the learned judge erred in law and in fact in striking out the petition.

“The learned judge erred in las 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,”reads court documents.

Justice Mbogholi dismissed the case challenging Sonko’s election on January 9, after the petitioners told the court they were not interested to prosecute it further.

The move by the petitioners came a day after they informed the court of allegedly receiving death threats.

Judge Mbogholi, however, declined the prayer for withdrawal and instead struck it out since the petitioners did not follow due procedure.

According to the judge, withdrawal would have left the respondents anxious as any other party may apply to be substituted.