Nairobi Governor Mike Mbuvi Sonko has filed an application seeking to have an election petition challenging his win struck out.
Through lawyers Cecile Miller and Harrison Kinyanjui, Sonko wants the petition dismissed on grounds that it was defective since there was no prayer in the petition seeking nullification of his election neither a plea on the reversal of his elections.
Exclusion of Sonko’s Deputy as respondent
The Governor further states that by omitting his Deputy Polycarp Igathe as a Respondent, the Court was being invited by the Petitioners to act in vain and it ought not to do so.
“I protest at the Petitioners’ insidious trampling on my Deputy Governor’s right to be fairly heard in this Petition. I had assumed that the Petitioners would seek to enjoin him in the Petition but they have failed to do so, prompting this Motion, inasmuch as the outcome of the Petition implicates his position,” said Sonko.
The governor further says that he believes his election as Governor of Nairobi County cannot be separated from that of my said deputy adding that the post of Deputy Governor is elective and therefore susceptible to an election petition as is a Governor’s seat.
Name, address of petitioner Zacheus Okoth
Miller and Kinyanjui argue that one of the petitioners Zacheus Okoth Oliech is a stranger in the court because the petition has been drawn by Japhet Muroko.
“There being no name and address of service cited of Zacheus Okoth Oliech, the petition stands in fatal violation of the law,” said Sonko.
He further says that the Petition entirely amounts to a gross abuse of the Court process, is incompetent, fatally defective, and it ought to be dismissed with costs to me
“The petition does not state how the results were declared and no Kenya Gazzete Number was ever pleaded by the petitioners as required by the law to date,” said Sonko.
He added that he thought the petitioners would withdraw the petition after former Governor Evans Kidero’s application to be enjoined in the suit was struck out.
“Based on the further advice of my Advocates on record, I am persuaded that the Petition has no basis in law or in fact and cannot be sustained any further, as it has failed to align with the applicable legislation,” he added.
The governor also requested the court to award him the cost of the petition adding that having two able and very experienced Advocates on record, the court to cap such costs at Ksh.30,000,000/=.