Nairobi Governor Mike Sonko wants an appeal filed an ODM deputy director of campaigns seeking to revive a petition challenging his election dismissed.
Through his lawyer Harrison Kinyanjui, the governor told the Court of Appeal on Monday that Dr Noah Akala has no grounds to reinstitute the case.
The county boss further said the appeal cannot stand in law as it raises similar issues similar to the ones filed by Japheth Muroko and Zacchaeus Okoth.
Akala wants to pursue the petition after it was dismissed by Justice Mbogholi Msagha last month.
Sonko, however, says there is no way he can take up the case since he was a witness in the petition that was struck out by justice Msagha Mbogholi.
Kinyanjui, while arguing before Justices Roselyn Nambuye, Gatembu Kairu, and Kathurima M’Inoti, said since Akala was to be a witness in the petition by Muroko and Okoth.
He added that whatever the applicant seeks to raise can be addressed in the earlier appeal.
Sonko’s petition was terminated after Muroko and Okoth applied to have it withdrawn, just a day after Muroko claimed his life was in danger.
Justice Mbogholi, in striking out the petition, said that the two were no longer interested in prosecuting the case.
The two, however, faulted the decision to strike out the petition without hearing their application for withdrawal and they have appealed against the same.
Their contention is that the judge should have set the application for hearing and leave it open for any party to pick up it up.
Justice Mbogholi further ordered the two petitioners to pay Sh5 million costs.
He was of the view that withdrawing the petitioners from the case and leaving the case in abeyance, would cause anxiety to Sonko and residents of Nairobi.
The two petitioners are also aggrieved and faults the judge for failing to address the matter of their security, after raising it with the court.
During the Monday hearing, the Court of Appeal judges consolidated the two petitions and directed Kinyanjui to file and serve his motion to strike out one of the appeals in two days.
The parties will highlight their submissions on March 13.