Sonko to know fate of his Mombasa bid today
Mombasa governorship hopeful Mike Sonko.
Former Nairobi governor Mike Sonko will today (Wednesday) know whether his name will be on the ballot in the August 9 General Election.
A three-judge bench comprising Justices Olga Sewe, Stephen Githinji and Ann Ong’injo, sitting at the High Court in Mombasa, is expected to deliver its judgment from 10am today.
Mr Sonko wants a decision by the Independent Electoral and Boundaries Commission’s (IEBC’s) Mombasa County Returning Officer Swalha Ibrahim and its Disputes Resolution Committee (DRC) disqualifying his candidacy quashed.
The court had last Wednesday said it would deliver its judgment on Friday but indicated to the parties that should it conclude writing it earlier, a notice would be issued to parties.
“Take note that the above matter (Mr Sonko’s petition) which was slated for judgment on July 15 has been rescheduled to Wednesday July 13, 2022 at 10am in an open court,” part of the notice issued yesterday by the Deputy Registrar of the court stated.
In his petition, Mr Sonko also wants Wiper Democratic Movement party barred from nominating any other candidate for the position.
He argued that by upholding the decision of Ms Ibrahim that his degree and its certified copy were issued out of time despite admitting that he had appeared before the county returning officer within the stipulated time, the DRC violated the Constitution.
Mr Sonko further argued that failure by the county returning officer to receive his original degree certificate and its certified copy was part of an intentional ploy to delay its submission past the timelines indicated.
He further accused the DRC of dismissing his statement that there was a pending appeal at the Supreme Court (challenging his impeachment). Through his lawyers, led by Wilfred Nyamu and Dr John Khaminwa, Mr Sonko urged the court to allow his petition, arguing that Ms Ibrahim had a duty to investigate if there was a pending appeal (relating to his impeachment) at the Supreme Court since the IEBC was also a party to it.
He argued that Ms Ibrahim ought to have called the electoral agency’s legal department to confirm if there was an appeal at the Supreme Court.
Mr Nyamu further said Mr Sonko complied with the requirements set out by the IEBC for contesting the position of governor.
He argued that the requirement that a degree certificate be certified by the issuing institution is not applicable to Mr Sonko.
Dr Khaminwa told the court that locking Mr Sonko out of the race for the Mombasa gubernatorial seat would be undemocratic.
“We should not shut out Sonko, it will not be preserving democracy,” said Dr Khamiwa, who wondered what had changed yet he (Mr Sonko) had been cleared to contest in 2017.
Wiper party had confirmed that it had submitted a letter to the IEBC nominating Kisauni MP Ali Mbogo as it gubernatorial candidate for Mombasa but failed to get a reply.
The party, which backs Mr Sonko’s candidacy, accused the IEBC of failing to act on its letter.
Through lawyer Eunice Lumallas, it said that there had been neither a response to the letter, nor acknowledgment or gazettement of the names the party submitted.
She told the court that the people of Mombasa ought to be given an opportunity to elect a leader of their choice.
Lawyer Edwin Mukele for IEBC told the court that the IEBC found that Mr Sonko did not meet the requirements of integrity and leadership.
He urged the court not to interfere with the electoral agency’s duty to ascertain whether one has been removed from office.
“IEBC and its county returning officer for Mombasa acted within the law in declining to clear the petitioner,” argued Mr Mukele.
Mr Mukele argued that only the IEBC and not the court had the jurisdiction to determine the qualifications of an aspirant.
“I urge the court to restrain itself from usurping the powers of the IEBC in clearing candidates,” said Mr Mukele, adding that the electoral agency acted within the law in considering whether Mr Sonko was eligible to be cleared as a candidate.
The Ethics and Anti-Corruption Commission (Eacc), an interested party in the case, told the court that granting Mr Sonko’s prayers would have the effect of declaring him qualified.
“The challenge is whether that makes him eligible,” said lawyer Philip Kagucia for the anti-corruption agency, who argued that the former Nairobi boss was not eligible to run for the county boss’s position.
Mr Kagucia added that it was not possible for a candidate to be qualified to contest a seat and at the same time remain unsuitable to hold the office.
The former Nairobi governor also wants a declaration that he is duly qualified as a candidate for the seat of Mombasa governor in the August 9 polls.
He also wants Ms Ibrahim to be compelled to accept his nomination papers.
