Former Nairobi Governor Mike Sonko has filed an appeal at the East African Court of Justice seeking orders to stay the execution of the decision by the Supreme Court which barred him from seeking the Mombasa Gubernatorial seat come August 9.
Through a certificate of urgency filed on Monday, July 18 by his lawyer Danstan Omari, the former governor claims that the highest court in Kenya conducted the proceedings contrary to the law.
Sonko claims he has been discriminated against and has been selectively persecuted and his fundamental political rights and freedoms illegally, unlawfully, and unjustifiably curtailed over a flawed judicial process.
At the hearing of the appeal, Sonko will be asking the court to issue interim orders stopping the execution of the judgement.
He further argued that the Supreme Court did not vacate the order issued by three judges of the High Court sitting in Mombasa that directed the Independent Electoral and Boundaries Commission (IEBC) to place Sonko’s name on the ballot
The lawyers said that the Supreme court issued an order that the matter was supposed to be heard by five judges but the same was heard by seven judges against their own order.
The lawyers further disclosed that they have filed a review before the Supreme Court seeking a stay of the judgement.
They stated that the supreme court has admitted that it had no jurisdiction to hear the impeachment application, instead they proceeded to give a determination.
At the same time, the Independent Electoral and Boundaries Commission (IEBC) revoked the certificate it issued Sonko to run for Mombasa gubernatorial seat.
IEBC barred the former Nairobi county boss from vying for the seat citing the Supreme Court’s judgement issued on Friday, July 15.
“In adherence to the Supreme Court judgement you are, therefore, disqualified from holding any public office and thus disqualified from contesting and being elected as the governor of Mombasa or any other county.
“Your candidature is invalidated and your certificate revoked,” the letter by Mombasa County Returning Officer Swalhah Ibrahim Yusuf read in part.
Yusuf had cleared Sonko on Thursday, July 14, following a High Court order issued on Wednesday, July 13.
