Sonko sues, cites the pending Supreme Court petition
Former Nairobi Governor Mike Sonko addresses journalists at Whitesands Beach Resort in Mombasa in January 2019.
Former Nairobi Governor Mike Sonko has petitioned court to quash a decision of the electoral commission to bar him from vying for the Mombasa governorship over his impeachment from office in the capital city.
In a judicial review application filed in court yesterday, Mr Sonko said the decision of the Independent Electoral and Boundaries Commission (IEBC) was illegal and unfair since he has an active case at the Supreme Court against the impeachment.
He said the commission also made the announcement to blacklist him from the polls without granting him a hearing, contrary to principles of fair hearing, fair administrative action and constitutional basic rights.
“The decision citing impeachment as the reason for denial of clearance to his candidature as contained in a media release was evidently made prior to the submission of his documentation for the said Mombasa gubernatorial candidature in the upcoming August 2022 national elections, contrary to principles of fair hearing,” his lawyers, Khaminwa & Khaminwa Advocates, said.
They added that legal proceedings involving Mr Sonko’s impeachment have not been concluded and are currently pending before the Supreme Court.
“The matter at the Supreme Court is far from being concluded soon. The IEBC’s decisions to exclude Mr Sonko from vying for a gubernatorial seat in the 2022 elections are premature and prejudicial. They individually and collectively are oppressive and have already caused irredeemable damage to Mr Sonko,” reads the court papers.
Verdict of the IEBC
Mr Sonko argues that the verdict of the IEBC on his ambition to be the Mombasa governor is erroneous and that the commission acted in excess of its legal authority.
The lawyers want the review application determined expeditiously and that a stay of the disputed decision of the IEBC be granted.
“Decision by the IEBC to disqualify or refuse to clear Mr Sonko was actuated by bias, ill motive, consideration of extraneous matters, malice and bad faith,” the lawyers said.
“His supporters stand to be greatly affected and disenfranchised by the mischievous and the clandestine way in which the IEBC and its chairman Wafula Chebukati have excluded him from vying for the Mombasa City County gubernatorial seat in the upcoming 2O22 General Election,” they added.
Transferred the matter to Mombasa
Justice Jairus Ngaah on Monday transferred the matter to Mombasa for hearing.
“To the extent that applicant seeks to vie in the county of Mombasa, this application would be best handled by the High Court sitting in Mombasa. I, therefore, direct that the application be transferred to that court forthwith and be mentioned before the Presiding Judge for such orders or directions as the learned judge may deem fit to grant or give. It is so ordered,” said Justice Ngaah.
In the disputed announcement, the IEBC chairman said impeached politicians would be barred from contesting in the August 9 General Election. Those who are affected are Mr Sonko and Karungo Thang’wa (aspirant, Kiambu senator).
