Nairobi Governor Mike Sonko has lost a bid for the petition challenging his victory to be struck out.
High Court judge Msagha Mbogholi dismissed his argument that it was fatal for the petitioners not to list his deputy, Polycarp Igathe, as a respondent.
The judge noted on Thursday that a Deputy Governor is not a mandatory respondent in an election petition.
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Sonko filed the application for the entire petition to be struck out through his lawyers Harrison Kinyanjui and Cecil Miller.
The lawyers argued his election could not be separated from that of his deputy.
The petition against Sonko's election was filed by two voters - Japheth Muroko and Zacheus Okoth - on grounds that the August 8 vote was marred by massive irregularities and
illegalities.
The Jubilee Party politician beat ODM's Evans Kidero whose bid to join the case, claiming he
had a stake in the outcome, was rejected by the court last month.
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