It is a battle half won for Ex Nairobi Governor Mike Sonko on the case barring him from contesting for Mombasa’s top seat after one of the two petitioners pulled out of the case.
Ndoro Kayuga who was the first petitioner through his lawyer Titus Kirui withdrew the petition stating that he had come to the realization that Sonko’s impeachment case was more political than legal.
Mr Kayuga is said to have had a change of heart following a televised TV interview.
“That however on the same day in the evening of 25th April 2022.the 1st respondent (Mike Sonko) appeared on Kenya Television Network, a national television, as a guest in segment called “Check point” where he articulated in detail his tribulations as the governor of Nairobi county,” said Kayuga.
With an appeal by the former Governor over his impeachment pending at the Supreme Court, Kayuga through his lawyer Titus Kirui said that his petition to bar Sonko would be thwarted on the basis that its premature.
“That I am advised by counsel which advice I believe to be verily true that based on the pending appeal at the Supreme Court, the current petition is therefore premature and may suffer from the doctrine of ripeness if the same proceeds,” the petition read.
The 1st petitioner informed Mombasa High Court judge John Mativo that he had not been coerced to withdraw his petition as he had now been convinced that if Sonko will be elected as the second governor of the coastal county,the welfare of Mijikenda community will be catered for.
“That the 1st respondent equally articulated his agenda for the county of Mombasa if he is elected the second governor and I was touched by the fact his agenda resonated well my desire as well as my community of the Mijikenda which have been sidelined by the current government,”Kayuga stated.
George Odhiambo, the 2nd petitioner, is yet to withdraw his petitioner barring Sonko to vie for Mombasa Gubernatorial seat under the Wiper Democratic Party.
Mr. Odhiambo argued that the former governor is disqualified from holding public office, following his impeachment.
“The 1st Respondent, having been impeached and removed from the office of the Governor of Nairobi City County, is disqualified from vying for and being elected into the office of the Governor of Mombasa County and from holding any other State office by virtue of Article 75 (3) of the Constitution,” read the petition.
They had wanted the Independent Electoral and Boundaries Commission (IEBC) barred from clearing Sonko to join the Mombasa gubernatorial race.
Wiper Party was also faulted for nominated and issuing Sonko the ticket to run as Mombasa Governor.
“The 1″ Respondent and the 1st Respondent’s decision to accept the nomination despite being disqualified by the Constitution is in violation of the Petitioners’ constitutional rights to free, fair and regular elections as guaranteed by Article 38 (2) of the Constitution,” further reads the petition.
The judge allowed the matter to be adjourned to 10th of May following the confusion witnessed in court due to the new developments.