BY SAM ALFAN.
Nairobi Governor Mike Mbuvi Sonko will know his fate on Thursday this week.
High court Judge Msagha Mbogholi will deliver a ruling expected to allow Governor Sonko sit pretty in the helm of Nairobi county.
Governor Sonko applied for the petition to be struck out for lacking merit through his lawyer Cecil Miller and Harrison Kinyanjui.
IEBC has also asked the court to dismiss the petition saying that the petition against Sonko is incurably defective for failing to join a critical party to the proceedings.
Sonko in his application claims that the petition filed by two voters is defective for failure to include his deputy Polycarp Igathe.
Sonko claims that his election cannot be separated from that of his deputy.
According to Sonko, this amounts to abuse of the court process and is fatal.
The application has however been opposed by the two voters.
The two petitioners Japeth Muroko and Zacheus Okoth Oliech claim that the application by Sonko lacks merit.
They argue that the petition dated 8th September 2017 complies with the law and the mandatory provisions of rule 8 of the Elections (County and Parliamentary petitions) rules.
They argue that the deputy governor was not an elective candidate in the gubernatorial elections and was not nominated by any political party as a candidate.
They further claim that the defects if any are not fatal to render the petition incurable, defective and hopeless adding that Sonko has not demonstrated any prejudice he will suffer by any defect in the petition.