Former Nairobi Governor Mike Mbuvi Sonko has only two options left to have his name included on the ballot in the Mombasa gubernatorial contest.
He will first be banking on a favourable outcome in a case he has filed at the High Court against the Independent Electoral and Boundaries Commission (IEBC).
Should that fail, he will be praying for a positive ruling from the IEBC Dispute Resolution Committee to keep alive his hopes of succeeding Governor Hassan Joho. IEBC has started hearing about 160 disputes filed by disgruntled aspirants who were not cleared to run for various seats.
IEBC failed to clear Sonko last week even after it was served with a letter from the Supreme Court showing that he had a pending appeal before it.
The commission engaged Mr Sonko and his lawyers in a heated exchange when he presented his papers at the Kenya School of Government for clearance.
Mombasa County Returning Officer Swalhah Yusuf demanded a court order for him to be cleared but, when it was provided, he still refused, saying, it was past 4pm.
When it became clear to Mr Sonko that he would not be cleared, he filed a case against IEBC at the High Court and also took his grievances to the Disputes Resolution Committee.
In the court case, which is scheduled for hearing this week, Mr Sonko wants IEBC’s decision to disqualify him from the race reviewed and quashed. The court will decide whether to suspend IEBC’s decision after hearing arguments from both parties, pending full determination of the dispute.
IEBC disqualified Sonko from the race in a statement dated May 17 and released on June 4. Sonko argues that he has not exhausted all avenues of appeal against his impeachment by the Nairobi County Assembly.
Mr Sonko said the Supreme Court is yet to render its final determination on his impeachment and, therefore, he is still legally allowed to vie for any elective seat.
“The IEBC decision to exclude me from the Mombasa gubernatorial race was premature, prejudicial, oppressive and has already caused irredeemable damage and untold suffering to me,” he said through his lawyer, Mr Derrick Odhiambo.
He claimed that he was being discriminated against and cited examples of other candidates with pending appeals who were cleared. Mr Sonko will be keeping his fingers crossed,hoping that either the Dispute Resolution Committee or the High Court will side with him.
Mr Sonko hopes to run for the seat on a Wiper Party ticket and has picked Kisauni MP Ali Mbogo as his running mate.
Should Mr Sonko be cleared, he will battle it out with six other candidates.
They are Deputy Governor William Kingi (Pamoja African Alliance), former Nyali MP Hezron Awiti (Vibrant Democratic Party), Mr Daniel Kitsao (Independent), Mr Hassan Omar (United Democratic Alliance), Mr Abdulswamad Shariff Nassir (ODM) and Mr Shafii Makazi.
