Petitioners in a case that had challenged the election of Nairobi Governor Mike Sonko on Monday moved to the Court of Appeal after the High Court dismissed the suit.
The two petitioners; Japheth Muroko and Zacchaeus Okoth Oliech, in the notice, stated that they were dissatisfied with the ruling and intended to appeal the decision in totality.
They further alleged that the learned judge erred in law and in fact in striking out the petition.
“The learned judge erred in laws and fact in failing to consider and apply the law and principles relating to election petitions,” the documents read in part.
[caption caption="Governor Mike Sonko in court"]
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"...by taking into consideration irrelevant issues and in misguiding himself and misinterpreting facts and the law,” read the court documents.
Justice Msagha 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 decision by the petitioners came a day after they informed the court of allegedly receiving death threats.
However, Judge Mbogholi declined the prayer for withdrawal and instead struck it out stating that the petitioners failed to follow the due procedure.
According to the judge, withdrawal would have left the respondents anxious as any other party may apply to be substituted.
[caption caption="Governor Mike Sonko"]
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The judge also ordered the petitioners to pay Sh5 Million; Sh2.5 Million to Sonko and a similar amount to IEBC.
