Justices Roselyn Nambuye, Gatembu Kairu and Kathurima M’Inoti ruled that High Court judge Msagha Mbogholi was right to strike out the election petition. The appeal filed by Japheth Muroko and Zachaeus Okoth argued that the decision to strike out their petition challenging Sonko’s victory was made in violation of the law. They said the judge should have allowed them to withdraw to give room for another person to take up the matter.
Read: At ease: Relief for Sonko as case against his victory struck out
Witness Noah Akala had also filed a separate appeal challenging the decision at the High Court, which was later consolidated in Muroko’s petition.
The judges also declined to allow Sonko’s motion to strike out Akala’s appeal, saying he had a right to appeal against the ruling at the High Court. But in the ruling, the appellate judges said Mbogholi acted within his discretion by striking out the petition.
The court also noted the two petitioners acted in bad faith by adjourning the matter several times when the judge had stated he would not entertain any adjournments.
The petition at the High Court had 47 witnesses and when the petition was struck out in January, none of the witnesses had testified.