BY SAM ALFAN.
We urge you not to strike out our case, petitioners ask court after Governor Mike Sonko files an application for its dismissal.
Petitioners Japeth Muroko and Zacheus Okoth Oliech claim that the application by Governor Sonko lacks merit and must not be allowed.
The two told a Nairobi Court that the defects if any in their petition are not fatal to render the petition incurable, defective and hopeless.
They said that Governor Mike Sonko has not demonstrated any prejudice he will suffer by any defect in the petition.
Governor Sonko filed an application last week seeking dismissal of the election petition filed against him saying it amounts to a gross abuse of court process.
He said it was incompetent, fatally defective and ought to be dismissed.
The Nairobi Govenor says that there is no prayer in the petition seeking nullification of his election as Nairobi City County Governor nor is there a plea on the reversal of his election.
“It would not serve the great public interest vesting in the Nairobi County residents to proceed any further with the fatally defective petition,” he says.
He said that by the fact that the petitioners never included his deputy Polycarp Igathe makes the petition incurable and defective.
Governor Sonko says that his election as governor cannot be separated from that of his deputy.
“My motion is therefore based on fact that I find it compelling to save the court precious judicial time and resources and to avoid unnecessary litigation beyond this court,” reads court documents
The matter will be heard on December 4.