- The judges ruled that an election court is not powerless and a judge has the discretion to strike out a case where circumstances demand.
- The court also agreed that costs follow events and those who file frivolous cases should be ready to pay costs.
Nairobi Governor Mike Sonko can now breathe easy after the Court of Appeal dismissed a case seeking to revive an election petition against him.
Justices Roselyn Nambuye, Gatembu Kairu and Kathurima M’Inoti agreed with High Court Judge Mbogholi Msagha that he rightly dismissed the case because the petitioners, Japhet Muroko and Zachaeus Okoth, were no longer interested in pursuing the matter.
The judges ruled that an election court is not powerless and a judge has the discretion to strike out a case where circumstances demand.
They, however, noted that the only mistake justice Msagha did was to strike out the case when he should have dismissed the petition.
“Accordingly, we hereby substitute an order striking out the petition with an order dismissing the petition for lack of evidence,” the judges said.