- Kayuga had filed the petition together with George Odhiambo, through their lawyer Willis Oluga.
- He said his client sought to file a notice to withdraw from the matter because he was no longer interested in pursuing the case.
Image: WIPER DEMOCRATIC PARTY
Mike Sonko can breathe a sigh of relief after a petitioner Ndoro Kayuga, withdrew a case seeking to bar him from Mombasa governor contest.
Kayuga had filed the petition together with George Odhiambo, through their lawyer Willis Oluga.
The two sought to have the former Nairobi governor barred from seeking to hold any state office.
The duo had submitted their case at the High Court in Mombasa on Monday, saying Sonko had been found guilty of contravening Article 75 of the Constitution of Kenya 2010.
However, in an interesting turn of events, Kayuga, through another lawyer Titus Kirui on Thursday said he was withdrawing the matter during a virtual court that was presided by Justice John Mativo.
Kirui introduced himself as the advocate who will be representing Kayuga, when the judge was taking the quorum.
He said his client sought to file a notice to withdraw from the matter because he was no longer interested in pursuing the case.
"I was instructed to come on record for the first petitioner, Ndoro Kayuga. I am in the process of filing the notice of appointment as well as an application. My application is basically to withdraw the petition," Kirui said.
Soon after Oluga, who was representing the two petitioners told the court that he was not aware of the new developments.
"What has happened is not really proper but embarrassing to be deprived when you are fit, but I can't insist on representing the first petitioner if he has chosen to withdraw. He can withdraw formally, then we continue to take instructions about this case," Oluga said.
Kirui had also not formally notified the other counsels in the case, especially Oluga.
Consequently, Justice Mativo temporarily adjourned the session for 20 minutes to allow Kirui serve the other counsels.
Interestingly, at the end of the 20 minutes, all the other counsels were served but Oluga.
Edwin Mukele of the Independent Electoral and Boundaries Commission, which is the third respondent in the case, suggested the court adjourns to allow the petitioners “to settle their matters before the case could be mentioned.”
Eunice Lumallas, the lawyer representing the Wiper Democratic Movement, also requested the case to be mentioned on a different date, arguing that it no longer had any urgency.
"I have gone through the amended petition filed by counsel Oluga and I can see the issues of nomination and forwarding of names (to IEBC) are not there. We can therefore have the case mentioned at a later date," Lumallas said.
Initially, Sonko was represented by Jared Magolo and Vincent Omolo but on Thursday, Gitonga Gikandi and Wilfred Nyamu were added to his defence team.
The four-member legal team, however, did not object to the adjournment of the matter to a later date.
Mativo agreed with the lawyers to adjourn the case to May 10.
"We can mention it on May 10. Oluga would have seen the application then and I don't think now there will be any harm," Justice Mativo said.
(Edited by Tabnacha O)