The election petition challenging the election of Nairobi County governor Mike Mbuvi Sonko has failed to kick off.
Justice Msagha Mbogholi granted the petitioners the one day adjourned after their lawyer told the court that his clients lives are under threat since they have been receiving numerous threats.
Through lawyer Anthony Oluoch, the court heard that the first petitioner is had gone to report the matter and record statement at a police station and therefore could not make it to court for the hearing.
The court had that the second petitioner could also not to make it to court because he had accompanied the first petitioner to the police station.
The judge had adjourned the matter till midday today to allow the petitioner record his statement then appear in court to proceed with the matter.
Justice Mbogholi had granted the short adjournment saying that reporting the matter would not take the petitioner the whole day.
Sonko’s lawyer Harrison Kinyanjui had objected to the adjournment stating that the first petitioner Japheth Moroko had been threatened.
He told the court that his client would like to know the originator and persons trying to sabotage the process and should be brought to book.
“If there was even a phone number, it would help to tell the originator of the threat,” said Kinyanjui.
However, lawyer Oluoch told the court that the threats were made at 7.20 pm, 11.50 pm and 11.56 pm on Saturday.
He also submitted to the court the mobile phone number used to issue the said threats.
Oluoch argued that the law provides for an adjournment of not more that five days and the sought to be granted only 12 hours.
“It is the duty of the court to secure everyone including the lawyers, we therefore ask the court to grant us the adjournment in order for us to sort this issues,” said Oluoch.
The judge had also said the petitioner failed to show why the petitioner waited from Saturday till today to report the matter.
“Doing the best I can, I grant indulgence to the petitioner and adjourn the matter until tomorrow,” justice Mbogholi ruled.
After the filing of the petitioner, lawyer Oluoch had also addressed journalists outside Milimani law courts and said that his life was under threat because of this petition.
He said that he has been receiving threats from unknown people who even raided his office.
Oluoch alleged that the people after him could be Governor Sonko’s people.
He further said he had received calls from certain Members of the National Assembly from both NASA and Jubilee party telling to drop the petition.
In the petition, Japheth Moroko and Zacheaus Oliech want Sonko’s win nullified on grounds that the election was not free and fair.
The two want the court to order IEBC to give access to all the parties for purposes of scrutiny and supply to the court and to all parties original Form 37A and Forms 37c used to generate the final tally of the National gubernatorial elections.
They want the court to grant them access to Electronic devices and all biometric electronic appliances used at each polling stations in Nairobi
