Governor Mike Mbuvi Sonko is seeking to have an election petition challenging his win struck out.
In an application before Justice Mbogholi Msagha, Sonko wants the petition filed by Japhet Moroko and Zacheus Okoth Oliech thrown out on technicalities.
Governor Sonko, of Jubilee Party, defeated incumbent Evans Kidero, of NASA, to become the head of the devolved unit that controls the country's capital.
“I find it compelling to save the court judicial time and resources and avoid unnecessary litigation beyond this time,” said Sonko.
Sonko said he thought the petitioners would withdraw the petition after former governor Kidero failed in his bid to be enjoined in the case.
Through his lawyer Cecil Miller, Sonko said the law demanded that the petitioners should state the declared results, how the declaration was made and when the declaration was made but they had failed to do so.
Declared results
“I noted from the petition that petitioners purported that the declared results declaring my win to be 871,974 votes but after raising this issue on September 20, 2017, no rejoinder was ever made to rebut my averment,” said Sonko.
He claims that the valid votes cast were 871,794. Petitioner Moroko had given different electoral results that he sought to rely upon. Miller said the petition does not state how the results were declared and no Kenya Gazette notice number was ever pleaded by the petitioners as by required by law.
The Governor claims that there was no clear determinable issue arising in the petition that seeks to challenge the validity of his election.
“The specific Kenya Gazette declaring the results of the Nairobi County Governor Election of August 8, 2017 must be pleaded and stated in the prayers in the petition,” said Sonko.
