Three weeks ago Mike Sonko was celebrating after high court dismissed petition challenging his win. The petitioners have since moved to court of appeal.
Japheth Muroko and Zacchaeus Okoth withdrew the petition against Sonko as a result of the state failing to provide security. They claimed that they received threats through texts, being followed by strangers, their families etc.
Their submissions to court to have them guaranteed state security only went as far as the judge ordering for their security within the court precincts.
They were told anything outside the court is within police jurisdiction. The two petitioners reported severally to Milimani police station, got an OB number but no security was ever given. Muroko and Okoth have since moved to court of appeal to reinstate the petition.
The two claim that Justice Msagha Mbogholi erred in law and in fact in striking out the petition. The petitioners argue the judge should have followed the procedure and allowed them to withdraw, but leave the matter pending in case someone else wants to pick it up.
The petitioners also wondered why a case which has not gone through full hearing is equated in terms of costs to a case which has been fully heard.
Justice Mbogholi ordered them to pay Sonko and the IEBC Kes 5 million as costs for the suit when he dismissed the petition on January 9th 2018.
Petitioners visit Raila
Mathare MP Hon. Anthony Oluoch and his legal team paid a courtesy call to Raila Odinga and handed over copies of the appeal filed to challenge the decision by Justice Mshaga Mbogoli to dismiss Japheth Muroko and Zacchaeus Okoth’s petition against Sonko.
The Mathere MP assured Raila of the solidity of the case when they met days before Muroko and Okoth moved to the court of appeal.