, NAIROBI, Kenya, Nov 16 – Former Nairobi Governor Evans Kidero has been locked out in an election petition contesting the victory of Mike Mbuvi alias Sonko.
Presiding judge Msagha Mbogholi has declined to join Kidero in Japheth Muroko’s and another petition which is seeking nullification of Sonko’s win over “massive” irregularities.
Judge Mbogholi has thrown out Kidero’s application for joinder in the proceedings saying doing so would occasion prejudice to the respondents and allow him to challenge Sonko’s win out of time.
While striking out the application, justice Mbogholi termed it as “disingenuous, misconceived and defective.”
“Allowing the application would be allowing the applicant to go through a door which has since been closed,” he declared.
According to the judge, the former City County boss though he claims he has legitimate personal interest to contest the election having participated, failed to satisfy the court why he did not contest it within the timelines given.
“Being a candidate does not qualify one to be a party since certain criteria must be met,” added the judge.
Under the election petition rules, an aggrieved party has a right to contest an election within 28 days upon declaration of the winner.
The judge rejected Kidero’s argument that failure to join him in the proceedings would cause him to suffer prejudice for being denied the right to legally contest the outcome of the gubernatorial race.
“This argument does not qualify as the applicant had the opportunity to challenge the same within the set constitutional timelines,” he said.
Sonko together with the IEBC had opposed Kidero’s joinder claiming it would drag out the case.
Sonko had questioned Kidero’s decision to file the application for joinder 52 days after he was declared winner.
Moroko is seeking nullification of Sonko’s election claiming it was marred with irregularities.
Among the orders he is seeking is scrutiny and recount of votes cast on August 8.