, NAIROBI, Kenya, Jan 9 – An election petition against Nairobi Governor Mike Mbuvi alias Sonko has been struck out for want of prosecution by two voters.
Justice Msagha Mbogholi dismissed the petition after petitioners Japheth Muroko and Zacheus Okoth told the court they were not interested to prosecute it further.
The move by the petitioners came a day after they informed the court of allegedly receiving death threats over the weekend.
Muroko had on Monday pleaded with the court to adjourn the petition for a day to enable him record a statement with the police but the judge declined and gave him an hour to do so and return to court.
He did not show up in court in the afternoon only to appear Tuesday morning and apply for withdrawal over security reasons.
But judge Mbogholi declined the prayer for withdrawal and instead struck it out since the petitioners did not follow the procedure.
According to the judge, withdrawal would leave the respondents anxious as any other party may apply to be substituted.
“Whereas the petitioners may be discharged from this petition anxiety shall still remain on the part of the respondents who may be compelled to stay on course in the event that any other party applies to be substituted,” he ruled.
Consequently, the judge directed them to pay Sonko Sh2.5 million and the Independent Electoral and Boundaries Commission a similar amount.
In December the judge declined to strike it out on grounds that Sonko’s deputy Polycarp Igathe was not included.
The petitioners were seeking nullification of Sonko’s victory claiming that his election was marred with massive irregularities.