The High Court will this morning determine whether the petition challenging the election of Nairobi Governor Mike Sonko will proceed or not.
Presiding judge Msagha Mbogholi will rule on an application by the Governor who wants the case struck out on grounds that it is fatally defective.
The petition was filed by two voters Japheth Muroko and Zacheus Okoth on grounds the August 8 vote was marred by massive irregularities and illegalities.
Sonko 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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Soon after justice Msagha dismissed the former Governor's bid for joinder, Sonko filed an application to have the entire petition struck out.
Through his two lawyers Harrison Kinyanjui and Cecil Miller, he argued that the petitioners had failed to include Deputy Governor Polycarp Igathe as a respondent thus rendering the suit fatal.
The lawyers said Sonko's election cannot be separated from that of his deputy.
"I believe that by omitting my Deputy Governor as a respondent, then this court is being invited by the petitioners to act in vain, and it ought not to do so," he added in an affidavit he filed in support of the application.
He also said Okoth was not a proper petitioner because he has not provided all the necessary information required.
However, the petitioners say Igathe is not a necessary party.
The duo, through lawyer Arnold Ochieng', said the application by Sonko should be dismissed and they be allowed to proceed with the case to the end.
They said they have complied with the law and attempts to dislodge the petition is an afterthought.