Nairobi — Three Court of Appeal judges have upheld a decision by the High Court dismissing an election petition against Nairobi Governor Mike Sonko.
In a ruling rendered Monday, Justices Kathurima M'Inoti, Rosslyn Nambuye and Gatembu Kairu said Justice Msagha Mbogholi was right is striking out the petition by voters Japheth Moroko and Noah Akala.
According to the bench, Justice Mbogholi exercised his discretion judiciously by striking the case out and not allowing withdrawal of the petition.
Moroko and Akala wanted the petition reinstated on the basis that the election court erred in throwing it out.
The petitioners had argued that Justice Mbogholi ought to have allowed the withdrawal so that anyone willing to take it up can do so.
The voters had asked the court to allow them withdraw the petition over claims of intimidation and receiving death threats.