Court of appeal has upheld the election of Nairobi County Governor Mike Mbuvi ‘Sonko’.
While delivering the judgment, appellate judges Kathurima M’Inoti, Rosslyn Nambuye and Gatembu Kairu said High Court judge Msagha Mbogholi exercised his discretion judiciously by striking out the petition.
“The learned judge exercised his powers expeditiously,” said the judge.
The bench, however, noted that the election court ought to have dismissed the petition for lack of evidence instead of striking it out.
The appellants suffered another blow after the court ordered them to pay Sh 2 million as costs.
They however said that they were not satisfied with the judgment and therefore will take the matter to the Supreme Court.
The appeal was filed after Justice Mbogholi struck out the petition by two voters, Japheth Moroko and Noah Akala who were challenging Sonko’s win in the recent General Elections.
Moroko and Akala wanted the petition reinstated on the basis that the election court erred in striking it out.
The two wanted to withdraw the petition on allegations of death threats and intimidation to them and their families.
The petitioners had argued that Justice Mbogholi ought to have allowed the withdrawal so that anyone willing to take it up can do so.