The Court of Appeal has dismissed a petition challenging the election of Nairobi Governor Mike Sonko for lack of evidence.
The petitioners; Japheth Muroko and Zacchaeus Okoth Oliech, had moved to the appellate court saying they were dissatisfied with the ruling of Justice Msagha Mbogholi who dismissed their petition at the High Court.
The two petitioners claimed that the judge erred in law and in fact in striking out the petition.
“The learned judge erred in failing to consider and apply the law and principles relating to election petitions and by taking into consideration irrelevant issues and in misguiding himself and misinterpreting facts and the law,” read court documents.
The Court of Appeal on Monday, however, ruled that Justice Mbogoli acted judiciously in dismissing the case.
Justice Mbogholi dismissed the case challenging Sonko’s election on January 9, after the petitioners told the court they were not interested to prosecute it further.
Judge Mbogholi, however, declined the prayer for withdrawal and instead struck it out since the petitioners did not follow due procedure.
According to the judge, withdrawal would have left the respondents anxious as any other party may apply to be substituted.