Nairobi County boss wants an appeal filed by ODM official at the appellate dismissed.
Mr. Sonko claims that the appeal by Dr. Noah Akala seeks to expand the scope of the appeal yet it raises similar issues similar to the appeal filed by Japheth Muroko and Zachaeus Okoth.
Kinyanjui told Justices Roselyn Nambuye, Gatembu Kairu and Kathurima M’Inoti that Dr. Akala was to be a witness in the petition by Muroko and Okoth and anything he seeks to raise can be addressed in the earlier appeal.
The Judges said that they will hear the main appeal together with Sonko’s application.
“All parties supporting the appeal to file and serve submissions on or before 26th. Those opposing to file before March 7,” directed court of appeal judges.
The court of appeal has already set 13th of March for the hearing of an election petition challenging the high court decision to strike out an election petition challenging the election of Governor Mike Mbuvi Sonko.
The High Court last month struck out the petition challenging the election of Nairobi County boss Mike Mbuvi Sonko.
Judge Msagha Mbogholi issued the ruling after the petitioners, Japheth Muroko and Zachaeus Okoth Oliech, made an application on Tuesday for leave to withdraw the election petition whose hearing was scheduled for January 8th to January 12, 2018.
“This court is left with no alternative but to order that the petition filed by the two petitioners against the respondents shall be and is hereby struck out for want of prosecution” ruled Msagha
The judge also ordered the two petitioners to pay cost of 5 million to the governor and IEBC.
“The petitioner shall pay the respondents costs occasioned by the striking out of this petition capped at Kshs. 2.5 million to the 1st and 2nd respondents and Ksh. 2.5 million to the 3rd respondent, making a total of Ksh. 5 million” Judge ruled.
The petitioners cited security reasons, free will and own volition as grounds for the withdraw of the petition.
However, the judge in his ruling noted issues of security raised yesterday by petitioners legal team.
The judge further noted he has declined to struck out the petition earlier to avoid the petitioners being driven out of the seat of justice without a hearing but they no longer interested to prosecute the petition.
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