The fate of Governor Mike Mbuvi Sonko’s August 8 poll victory will be known on Thursday when Justice Msagha Mbogholi determines the validity of the petition filed by an activist.
Defence lawyers Harrison Kinyanjui, Cecil Miller and Njoroge Mungai told Justice Mbogholi the petition was fatally defective as the affidavit in support of the suit has not been signed and that Deputy Governor Polycarp Igathe has not been enjoined as a respondent alongside Mr Sonko.
Mr Mungai, for IEBC, told the judge failure to enjoin Mr Igathe renders the petition fatally defective.
The petitioner, Mr Japheth Muroko, wants the victory of Mr Sonko and his deputy nullified.
Mr Kinyanjui and Mr Miller, representing the governor, urged the judge not to “breathe life into the already dead petition.”
The court also heard that Mr Muroko did not sign the affidavit in support of his petition, with Mr Kinyanjui telling the judge that it was too late to amend the petition.
He also said Mr Muroko talks about another petitioner, Mr Zacheaus Okoth Oliech, who has also not filed an affidavit in support of the petition.
However, lawyer Ochieng Oginga who is appearing with Mr Antony Oluoch for Mr Muroko, urged the judge to reject the plea to strike out the petition, saying it was an afterthought.