High Court has ruled that the deputy governor is not a mandatory party in an election petition challenging the election of a governor.
“There was no need to enjoin Igathe since no allegations has been made against him” ruled judge.
Justice Msagha Mbogholi made the ruling this morning.
However, Judge Msagha Mbogholi struck out the application ruling that the deputy governor is not a mandatory party in an election petition.
The court also noted that there is no single allegation that had been made against Mr. Igathe, therefore his right for a fair hearing have not been violated.
In the application, Mr. Sonko also insisted that the election petition against his August 8election should be dismissed on grounds that it is defective for failure to include his deputy, Polycarp Igathe.
The ruling now allows the petition challenging the election of Mike Mbuvi Sonko as Nairobi Governor will now proceed to full hearing after the High Court on Thursday morning dismissed an application to dismiss the case.
The Independent Electoral and Boundaries Commission (IEBC) had asked the court to dismiss the petition against Governor Sonko saying that it is “incurable and defective for failing to join a critical party, deputy governor, to the proceedings.
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.