The High Court has directed the two petitioners challenging Governor Mike Sonko’s win to appear before court to testify in the case.
The order was issued on Monday after petitioner Japheth Muroko failed to turn up, claiming he and his family had received threats on Saturday.
The court was not informed of the sources of the threats but Muroko’s lawyer Anthony Oluoch said he missed the session as he was recording a statement with police.
The petitioner wanted the case adjourned but the judge declined saying he did not understand why he reported the matter to police today.
The judge said second petitioner Zacheus Okoth should have presented himself since he did not receive the threats.
In November 2017 presiding judge Msagha Mbogholi declined to join Kidero in Japheth Muroko’s and another petition which is seeking nullification of Sonko’s win over “massive” irregularities.
Judge Mbogholi threw out Kidero’s application for joinder in the proceedings saying doing so would occasion prejudice to the respondents and allow him to challenge Sonko’s win out of time.
While striking out the application, justice Mbogholi termed it as “disingenuous, misconceived and defective.”
“Allowing the application would be allowing the applicant to go through a door which has since been closed,” he declared.
According to the judge, the former City County boss though he claims he has legitimate personal interest to contest the election having participated, failed to satisfy the court why he did not contest it within the timelines given.
The petition that is sponsored by Kidero has suffered several setbacks and the latest twist adds to speculation that the petition may be lost afterall.