A petition filed challenging the election of Nairobi Governor Mike Sonko has been struck out and the two petitioners asked to pay Sh5 million costs.
Justice Msagha Mbogholi said it was apparent that the petitioners Japheth Muroko and Zacheus Okoth were no longer interested in pursuing the case.
The judge declined an application for withdrawal of the petition saying the two had not followed the right procedures
On Monday, the two petitioners failed to show up in court for the hearing of the case.
This was after Mr Muroko said he had received death threats.
Mr Muroko through his lawyer Anthony Oluoch claimed he and his family received the threats on Saturday. He said he had gone to Kilimani Police Station to record a statement.
The lawyer pleaded with Justice Msagha Mbogholi to adjourn the case for one day.
Mr Sonko through his lawyer Harrison Kinyanjui said although the allegations were serious, there was no evidence to back the claims.
Justice Mbogholi said he was only adjourning the case to noon, to enable Mr Muroko complete recording the statement with the police. He said both petitioners should be present in court.
But come afternoon, they were nowhere to be seen forcing the judge to adjourn the case to this morning.
On Tuesday, they applied to withdraw the case, an application which was rejected and the judge opted to dismiss the petition.
The Judge said the dates for the hearing were set early in December and the timelines were strict.
Muroko and Okoth challenged Sonko’s win over claims of irregularities and bribery among other allegations.