The High Court in Mombasa is on Tuesday expected to decide on a case in which former Nairobi Governor Mike Mbuvi Sonko wants the chairman of the Independent Electoral and Boundaries Commission (IEBC) Wafula Chebukati committed to civil jail for contempt.
IEBC had quickly moved to revoke Mr Sonko’s clearance to run for the governor’s position in Mombasa County after the Supreme Court last week ruled that the Wiper Party candidate was properly impeached as governor of Nairobi.
However, Mr Sonko moved to court challenging the revocation of his clearance and asked the court to commit Mr Chebukati and the Mombasa County returning officer, Swalha Ibrahim Yusuf, “for deliberate disobedience of the judgment and order of this honourable court on July 13, 2022.”
According to the petition, the revocation was done after he had filed an application for review of the Supreme Court judgment that confirmed his impeachment.
“This revocation was done notwithstanding the 1st and 3rd respondents (Ms Yusuf and IEBC) having knowledge of the existence of both the review and reference, the same having been served upon them by email, WhatsApp and letters,” Mr Sonko states in the petition.
IEBC revoked Mr Sonko’s clearance to contest in the August 9 elections after the Supreme Court judgment. In the judgment, the Supreme Court held that “the impeachment of the appellant was in compliance with the Constitution and the law.”
“It bears mentioning in conclusion that Chapter Six of the Constitution was not enacted in vain or for cosmetic reasons. The authority assigned to a State officer is a public trust to be exercised in a manner that demonstrates respect for the people; brings honour to the nation and dignity to the office, and promotes public confidence in the integrity of the office. It vests in the State officer the responsibility to serve the people, rather than the power to rule them,” the judges added.
Through his lawyer, Wilfred Nyamu, Mr Sonko filed for a review of the judgment. Supreme Court is the only court capable of reviewing its judgments.
He wants the court to review the decision on grounds that the court issued confusing and conflicting directions ahead of the hearing of the matter, and that the court unnecessarily rushed the parties and denied them the opportunity to provide further evidence.
Besides the application for review, the former Nairobi County boss has also filed two further applications at the Supreme Court.
There is an application for recusal of Chief Justice Martha Koome from hearing the review. Mr Sonko argues that Ms Koome is biased given her earlier statements concerning impeached officials being able to hold public office again.
He has annexed a clip of the CJ being interviewed on a radio station in May as she marked the first anniversary of her appointment.
The third matter by Mr Sonko before the Supreme Court is an application for leave to provide further evidence to bolster his appeal against impeachment by the Nairobi County Assembly and the Senate.
The new evidence, Mr Sonko states, includes the material that was presented before the Judicial Service Commission (JSC) in the petition for removal from office of High Court judge, Justice Said Juma Chitembwe. Further, he has attached the findings of the JSC that were forwarded to President Uhuru Kenyatta leading to the suspension of the judge.
Besides the applications before the Supreme Court and the contempt proceedings in the High Court in Mombasa, the former Nairobi governor has also filed a reference at the East African Court of Justice.
