High Court has struck out a petition challenging the election of Mike Mbuvi Sonko as Nairobi Governor.
This comes after the two petitioners cited that they were no longer interested in prosecuting the matter for security reasons.
While delivering the ruling,Justice Msagha Mbogholi ruled that the Law provides for withdrawal of a petition but this can not be done without leave of election court.
The judge also ordered the petitioners to pay 5million to the respondent as costs for having prepared for the matter which failed to proceed.
On Tuesday, the petitioners, Japheth Muroko and Zachaeus Okoth Oliech, made an application for leave to withdraw the petition that was slated for hearing yesterday.
Through lawyer Anthony Oluoch, the petitioners cited security reasons, free will and own volition as grounds for the withdraw of the petition.
In his sworn affidavit, Muroko said the person using the afore stated number threatened him and urged me to withdraw the petition or else he would murder together with his family and advocates.
“On 7th January, I received a phone call from an unknown number, and the caller threatened to murder my wife, family, advocates and myself should I appear in court with my witnesses and advocates to adduce evidence in support of the petition,” said Muroko in an affidavit.
Muroko is said to have reported the alleged threats at Kilimani Police Station on Tuesday and says he believes that his right to access justice is threatened with infringement.
Through lawyers Cecil Millar and Harrison Kinyanjui, Sonko had earlier filed an application for dismissal of the petition on grounds that that the petition was defective for failure to include his deputy, Polycarp Igathe.
However, Judge Mbogholi Msagha struck out the application ruling that the deputy governor is not a mandatory party in an election petition.
Justice Mbogholi had also dismissed an application by former governor Evans Kidero to be enjoined in the petition as an interested party.
In the petition, the petitioners wanted Sonko’s win nullified on grounds that the election was not conducted in accordance with the law.