Sonko is expected to know his political fate this Thursday.
The ruling comes after the Independent Electoral and Boundaries Commission (IEBC) and two voters made their final submissions on Monday.
According to Citizen Digital, The IEBC has asked the court to dismiss the petition against Governor Sonko saying that it is “incurable and defective for failing to join a critical party, deputy governor, to the proceedings.”
Sonko through his lawyers argued that the election petition against his August 8 election victory should be dismissed on grounds that it is defective for failure to include his Deputy, Polycarp Igathe.
However the two petitioners, Japeth Muroko and Zacheus Okoth Oliech, opposed Sonko’s argument claiming that his application lacks merit.
They insisted their argue that their petition was within the confines of the law under the mandatory provisions of rule 8 of the Elections (County and Parliamentary petitions) rules.
The two petitioners argued that Igathe was not an elective candidate in the gubernatorial elections since he was not nominated by any political party as a candidate.
Last month, the High Court thwarted former Nairobi Governor Evans Kidero's bid to be enjoined in the same petition seeking to annul the election Sonko.
Dr Kidero sought to be enjoined in the case filed by Muroko and Oliech as an interested party.