Governor Sonko opposed the petition saying Kidero filed 28 days outside the deadline date. He said court has jurisdiction to entertain this petition. Election dispute must be dealt within legal conformity.
BY SAM ALFAN.
Former Nairobi Governor Dr Evans Kidero is trying to steal a match against me, Governor Mike Mbuvi Sonko has told the court.
Governor Sonko wants an application filed by the ex-governor seeking to be enjoined in a suit urging his removal dismissed.
Through his lawyers Harrison Kinyanjui and Cecil Miller, Governor Sonko told High Court Judge Msagha Mbogholi that the application is an afterthought and a backdoor application to challenge his election.
“Nothing stopped Kidero from filing the application or election petition within the prescribed time,” lawyer Kinyanjui said.
He also questioned the motive behind ex-governor Kidero’s move to file the application 52 days after Sonko declaration which is outside the stipulated timelines to file election petitions.
Mr Kinyanjui said that the effect of the application by Kidero is to enlarge the original petition.
“My lords we ask you to disallow the application by Dr Evans Kidero, we will suffer prejudice if he’s allowed as an interested party,” argued Kinyanjui.
The IEBC also agreed with Sonko saying that the hounded application is an attempt to file a petition through back door.
Governor Kidero wants to be enjoined in the case saying that he has personal interest in the matter.
His lawyer Prof Tom Ojienda submitted that nothing should stop Kidero from being enjoined in the case.
“No prejudice will be suffered by IEBC and Governor Sonko if Kidero will be enjoined in the election petition,” submitted Ojienda.
Prof Ojienda said that his client has made out his case for joinder and asked the court to consider the application.
“My Lord allow us to come into this thing and sort it out,” said Ojienda.
The court will deliver its ruling on the application on Thursday this week at noon, September 16 2017.
