It’s a relief for former Nairobi Governor Mike Sonko after High Court ordered IEBC to accept his nomination for the Mombasa gubernatorial contest following months of protracted court battles after the Independent Electoral and Boundaries Commission (IEBC) barred him from running.
The three-judge bench in Mombasa also directed the electoral commission to accept Sonko’s nomination and gazette him for the race.
The bench consisting of Olga Sewe, Ann Ong’injo’ and Stephen Githinji issued the orders just days after the Governor missed in the list of gazetted candidates for the Mombasa Governor’s seat.
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“As a result, the petition is allowed and prayers granted, and the third respondent (IEBC) is directed to accept nomination papers presented by the petitioner (Sonko),” read the ruling.
Through his lawyer John Khaminwa, Sonko argued that the move by the electoral body to bar him was improper, unprocedural and unlawful.
Sonko further said that it is prejudicial to exclude from vying due to his impeachment, arguing that his impeachment proceedings have not been concluded and that they are currently pending at the Supreme Court.
The former governor had been barred alongside former Kiambu Chief Executive Committee Member for Youth Karungo wa Thang’wa, who has since been cleared to vie by the courts.
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According to IEBC Chairman Wafula Chebukati, the two weren’t eligible to run for public office after being hounded out of office over integrity issues as stipulated in the Chapter six of the constitution.
Chebukati however noted that those with active cases incourt will be presumed innocent until all active appeals are concluded.