Mr Sonko’s lawyers also argued that Mr Okoth failed to disclose his address and other particulars in the petition, adding that this is against the mandatory provisions of petition rules, thereby “rendering it fatally defective”.
“Such non-compliance is fatal inasmuch as it cannot be cured by amendments. The window to secure any lawful amendment to the petition has since closed, and the defects are hence incurable,” Mr Sonko said in a sworn statement.
The Independent Electoral and Boundaries Commission, through lawyer Nani Mungai, also termed the omission fatal since Mr Sonko’s election cannot be separated from that of his deputy Mr Igathe.
He argued that having failed to challenge the Deputy Governor as a party to the petition, the petition is incompetent and grossly defective.
He says that striking out the petition would save “precious judicial time and resources and to avoid unnecessary litigation beyond” the point it has reached.
If Justice Msagha Mbogholi allows the petition, Mr Sonko wants the two petitioners compelled to pay him costs amounting to Sh30 million, for defending a “frivolous petition”.