Petitioners in the case challenging Nairobi Governor Mike Sonko’s election have moved to the Court of Appeal, Citizen reports.
In the notice of appeal, the two petitioners; Japheth Muroko and Zacchaeus Okoth Oliech, say they are dissatisfied with the ruling of Justice Msagha Mbogholi and intend to appeal the decision in totality.
This comes barely three weeks after the High Court dismissed the petition following an application by the petitioners to withdraw.
The move by the petitioners came a day after they informed the court of allegedly receiving death threats.
Justice Mbogholi, however, declined the request for withdrawal and instead struck it out since the petitioners did not follow due procedure.
In their appeal, the two petitioners claim that the judge erred in law and in fact in striking out the petition.
“The learned judge erred in law and fact in failing to consider and apply the law and principles relating to election petitions and by taking into consideration irrelevant issues and in misguiding himself and misinterpreting facts and the law,” reads court documents.
In the High Court ruling, Justice Mbogholi ordered the petitioners to pay Ksh5 million; Ksh2.5 million to Sonko and a similar amount to IEBC.
