The High Court has ruled that the petition against Nairobi Governor Mike Sonko will go ahead as planned.
Justice Msagha Mbogholi on Thursday dismissed an application to strike it out on grounds of exclusion of Deputy Governor Polycarp Igathe.
Mr Sonko, through his lawyers Harrison Kinyanjui and Cecil Miller, had urged the court to throw out the petition filed by Mr Japheth Muroko and Mr Zacchaeus Okoth.
The petitioners noted that the deputy governor was not an elected candidate in the gubernatorial elections and was not nominated by any political party as a candidate.
The Governor's lawyers, however, argued that Mr Okoth failed to disclose his address and other particulars in the petition, adding that this is against the mandatory provisions of petition rules, “rendering it fatally defective”.
“Such non-compliance is fatal in as much as it cannot be cured by amendments.
"The window to secure any lawful amendment to the petition has since closed, and the defects are hence incurable,” stated Sonko in a sworn statement.
Last month, the county boss wanted the respondents to pay him Sh30 million if the case would be dismissed.
Former Governor Evans Kidero had also made an application to court seeking to be enjoined as an interested party to the petition.
Through lawyer Tom Ojienda, Kidero urged the court to allow him participate in the case for personal interests.
Sonko, however, implored the court to dismiss Kidero’s application insisting that it was an afterthought to challenge his election.