The High Court has struck out the petition against Nairobi Governor Mike Sonko's election for want of prosecution.
In a ruling on Tuesday morning, justice Msagha Mbogholi directed the two petitioners to pay Sonko and IEBC a total of Sh5 million as the cost of the suit.
Mbogholi noted the ruling was "drastic" but said he had no option because Japheth Muroko and Zachaeas Okoth told the court they were no longer interested in pursuing the case.
Muroko and Okoth had applied for the withdrawal of the petition but the judge declined to grant their prayer, saying they had not followed procedure.
"Petitioners are supposed to make a formal application, publish the intention in a national newspaper and notify the registrar who publishes a gazette notice of the same."
The hearing of the petition challenging Sonko’s victory hit a snag on Monday after petitioners failed to show up to give evidence.
This was after one witness claimed he had received threatening messages.
Japheth Muroko was scheduled to give evidence before Mbogholi but his lawyers said he was held up at Kilimani police station, recording statements.
Read: Petitioner in Sonko poll case fails to show up over ‘threats’
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