Court bars IEBC from gazetting Mombasa governor candidates
Mombasa governorship hopeful Mike Sonko.
Former Nairobi Governor Mike Sonko got a reprieve on Monday after a three-judge bench of the High Court issued interim orders restraining the electoral agency from publishing in the Kenya Gazette candidates for the position of Mombasa governor.
The bench comprising of Justices Olga Sewe, Stephen Githinji and Ann Ong’injo further issued an order restraining the Independent Electoral and Boundaries Commission (IEBC) from printing ballot papers in respect of candidates for the Governor’s position.
It also restrained the Wiper party from nominating any other candidate for the position of Governor Mombasa county.
The orders were issued pending hearing and determination of an application and a petition filed by Mr Sonko who wants a decision by IEBC’s Mombasa county returning officer Swalha Ibrahim and its Dispute Resolution Committee disqualifying him as a candidate for the position of Governor Mombasa quashed.
Justices Sewe, Githinji and Ong’injo also allowed an application by the Ethics and Anti-Corruption Commission (EACC) seeking to be joined in the proceedings as an interested party.
Through lawyer Philip Kagucia, EACC said it needed to be enjoined as an interested party to enable it to participate as a fact-finder institution and present its findings to the court for a determination of eligibility of Mr Sonko.
The case file had last week been forwarded to Chief Justice Martha Koome to empanel the bench to hear the petition by Mr Sonko.
In his main petition, Mr Sonko also wants an order issued against the Wiper Democratic Movement party from nominating any other candidate for the position other than himself.
He says that the Dispute Resolution Committee (DRC), by upholding the decision of Ms Ibrahim that his degree and its certified copy were issued out of time, while it was admitted that he had appeared before the county returning officer within the stipulated time, violated the constitution.
Mr Sonko says that failure by the county returning officer to receive his original degree certificate and its certified copy was intentionally created to delay its submission past the timelines indicated.
Challenging his impeachment
He further accuses the DRC of dismissing the existence of his pending appeal at the Supreme Court (challenging his impeachment) despite the parties being the same.
Mr Sonko argues that the import of the timelines given by IEBC was that he was at liberty to appear before Ms Ibrahim between 2pm and 4pm (on June 7) but clearance upon appearance was not confined to the timelines.
“The allocation of the petitioner on the last day of nomination and the timelines being limited from 2pm-4pm with no chance of delay or extension was deliberately crafted to deny the petitioner the right to vie purportedly providing an excuse to Ms Ibrahim to claim disqualification on the ground of lateness,” says Mr Sonko.
He says that despite his original degree certificate and its certified copy being handed in at 3.38pm, the DRC in its finding deemed it as having been submitted out of time and purportedly upheld a non-existent requirement introduced by Ms Ibrahim for purposes of barring him from contesting in the August 9 elections.
The former Governor says that by rejecting his copy of the degree certificate, the county returning officer acted illogically and unfairly toward him thus violating his rights.
Violated the constitution
Mr Sonko also says that by rejecting his nomination papers based on Article 75 and Chapter Six of the constitution while he had a pending appeal, the county returning officer and the DRC violated the constitution.
He also argues that by creating a requirement specific to him that he presents a copy of his degree certificate certified by the issuing institution, the respondents discriminated against him contrary to the constitution and Elections (General Regulations) Act.
“By finding that the county returning officer was justified in disqualifying the petitioner based on failure to provide the original degree and certified copy by the issuing institution, the DRC abdicated on its duty to defend, protect and promote the constitution and the rule of law,” argues Mr Sonko.
Mr Sonko also wants a declaration that he is duly qualified as a candidate for the seat of Governor Mombasa in the August 9 polls.
He also wants an order issued directed at Ms Ibrahim to accept his nomination papers submitted.
