A day after a three-judge bench of the High Court dismissed his applications seeking to quash revocation of his clearance for the Mombasa gubernatorial race, former Nairobi governor Mike Sonko yesterday filed a new case challenging the revocation.
The latest move came after he announced he would support United Democratic Alliance (UDA) candidate Hassan Omar for the governor race.
In his application under judicial review, Mr Sonko wants to be permitted to apply for an order to quash the decision revoking his registration as a candidate for the Mombasa race.
Mr Sonko, who has sued the electoral agency, wants the grant of leave to operate as a stay (suspension) of the revocation of his clearance and halting of the printing of ballots for the race.
Also sought is for the permission granted to operate as a stay of holding of the governor election. He wants the orders issued pending the conclusion of this application and substantive judicial review application.
He wants the case to be heard expeditiously on or during the High Court vacation, which is set to begin on August 1.
Besides the Independent Electoral and Boundaries Commission (IEBC), Mr Sonko has sued the commission’s Mombasa returning officer Swalha Ibrahim and the Wiper Democratic Movement party.
Mr Sonko argues that the revocation of his clearance was done notwithstanding Ms Ibrahim and IEBC having knowledge of the existence of his review application at the Supreme Court and a case at the East African Court of Justice.
“Despite several correspondences seeking the withdrawal of the letter [of revocation], Ms Ibrahim, with the advice of IEBC, has neither withdrawn the revocation or gazetted Mr Sonko as a candidate for the election,” the suit documents state.
Mr Sonko says he has no means of enjoying his political rights under the Constitution to contest governorship as directed by court unless the revocation of his registration as a candidate is quashed.
On Thursday, three judges also dismissed Mr Sonko’s bid to cite IEBC and Ms Ibrahim with contempt of court. The bench comprising Justices Olga Sewe, Anne Ong’injo and Stephen Githinji termed Mr Sonko’s applications devoid of merit.
At the same time, he said should his petitions be disallowed again and his running mate Ali Mbogo is not cleared to run, he would shift his support to Omar.
“I was impeached as Sonko and not my running mate. Allow him to be on the ballot because he is innocent, or else I will support Mr Omar. It is not the end of the road for me, Mr Mbogo, Mombasa people, my party leader Kalonzo Musyoka or Wiper,” he said.
Mr Sonko said his meeting with President Uhuru Kenyatta or Azimio La Umoja One Kenya Alliance Mr Raila Odinga a few days ago was not meant to “politically sanitise” him.
“I want justice to take its course. The system wants to fix me. Don’t crucify my people. Mr Odinga was the best presidential candidate, but I know what has transpired,” he said, refusing to name who the system is.
The IEBC has already cleared, Mvita MP Abdulswamad Nassir (ODM), Mr Omar (UDA), Daniel Kitsao (independent), Shafii Makazi (Upia), Said Abdhalla (Usawa Kwa Wote), former Nyali MP Mr Hezron Awiti (VDP), and Mombasa Deputy Governor William Kingi (PAA).
Mr Omar said he is ready to join forces with Mr Sonko to liberate Mombasa. “We are both focused to dethrone Governor Hassan Joho and the corruption that is besieging this county to ensure Mombasa gets the development it deserves,” said Mr Omar during a recent press conference at UDA headquarters in Nyali.
Nyali MP Mohammed Ali urged residents to support Mr Omar, adding that he will ensure equality in leadership positions, better allocation of resources in all the six sub-counties, equipping of public hospitals, and tap into the water sector by desalinating seawater.
“Our candidate is a lawyer; he is tried and tested, is a human rights defender. What else could you ask? Vote for him if you want development in Mombasa. But we welcome Mr Sonko to join us because we share the same ideologies,” he said.
