Former Nairobi Governor Evans Kidero yesterday put up a spirited fight at the High Court in a bid to be enjoined in a petition challenging Mike Sonko’s win.
Kidero lost the August 8 election to Sonko. Two voters, Japheth Muroko and Zachaeus Okoth, challenged Sonko’s victory.
Kidero wants to be enjoined in the petition.
Sonko has accused Kidero of trying to challenge his win ‘through the backdoor’.
Sonko told Justice Msagha Mbogholi that Kidero’s attempt to join the petition as an interested party is prejudicial to him.
IEBC has also opposed Kidero’s application.
Kidero says he had new evidence to help the court reach a fair judgment.
His lawyer Tom Ojienda told Justice Mbogholi to emulate the Supreme Court that allowed Thirdway Alliance presidential candidate Ekuru Aukot to be enjoined in a petition challenging President Uhuru Kenyatta’s August 8 win.
The petition that was filed by NASA leader Raila Odinga.
Ojienda said neither Sonko nor IEBC will suffer prejudice if Kidero is allowed to join the case.
The Supreme Court allowed Aukot to be enjoined as an interested party in the presidential petition on grounds that he would be affected by the outcome of the case since he was a candidate in the election.
But Sonko said Kidero’s application is an afterthought.IEBC said the application was wanting.
Sonko’s lawyers Harrison Kinyanjui and Cecil Miller said Kidero’s application will enlarge the original petition because he is seeking to adduce new evidence and also call witnesses.
IEBC wondered why Kidero never filed a petition to challenge Sonko’s win within the 28 days allowed by law.
“Nothing stopped Kidero from filing the application or election petition within the prescribed time,” Kinyanjui said.
IEBC faulted Kidero for failing to explain why he did not file a petition against Sonko within the 28 days set by the Constitution.
The court will rule on the application on Thursday.