With only 25 days left to the general election, the Independent Electoral and Boundaries Commission (IEBC) are left to decide whether Mike Sonko will be on the ballot.
IEBC Chairman Wafula Chebukati and Chief Executive Officer (CEO) Marjan Hussein are reading from different scripts on whether they will appeal the High Court decision to allow the former Nairobi governor to be on the ballot for the Mombasa gubernatorial race.
Moreover, during a joint TV interview on Wednesday, July 13, the commission’s chair noted IEBC will not appeal the court’s decision due to serious timelines facing them, including printing of ballot papers.
“We have incessant court decision that put us on an awkward position. As a commission, we must obey the orders and enforce them. On Sonko’s ruling it will have to be enforced and complied with. But that notwithstanding, I’m aware the issue around impeachment is at the Supreme Court and will be heard perhaps tomorrow. In future, there will be clarity along that line,” Chebukati said.
Also Read: High Court Clears Ex Nairobi Governor Mike Sonko To Contest For Mombasa Gubernatorial Seat
In addition, the commission’s chair stressed that their move to seek legal redress on the High Court ruling is to ensure they are well prepared for the August polls. He further added that the electoral body is looking to finalize the processes so as to deliver credible elections come August 9.
“As a commission how we operate, we follow the law and implement court orders as they come. We don’t have a choice on that. With 26 days to the election, we must finish printing ballot papers. Actually, we are even late in making changes to the ballot papers,” Chebukati added.
At the same time IEBC CEO Marjan pointed out that IEBC will not list Mike Sonko on the gazette notice until the Supreme Court gives a verdict on whether he was legally and procedurally impeached.
“As a commission, we have not made a decision on whether we are going to appeal or not. What is important for us is to wait for the Supreme Court to assert itself on this matter. The Mombasa Court took the decision because of the pending case at the Supreme Court,” Marjan said.
Marjan further reported that the printing of the ballot in Mombasa County had been stopped due to the pending legal cases and that the Supreme Court judgement would guide IEBC on the way forward.
“There is a difference in interpretation of two sections of the law. Whereas we see one as a stand-alone, others see it as being intertwined. We only have two days, the best thing is to wait and not jump the gun,” the IEBC CEO stated.
However, with Sonko impeachment case which might revert the decision to clear him for the Mombasa gubernatorial race pending at the Supreme Court, it still remains unclear whether he will be cleared or not.
Nonetheless, IEBC now says is within the purview of the Mombasa returning officer to make the decision on whether or not he will clear Sonko to vie.
“It is the decision of the Returning Officer on whether or not to receive Sonko’s papers. Even the IEBC chairman cannot tell the Returning Officer what to do… What we do is provide advice to the Returning Officer,” stated Marjan.
