Two people have filed a petition seeking orders barring the Independent and Electoral and Boundary Commission (IEBC) from clearing Mike Sonko from running for governor of Mombasa.
Ndoro Kaguya and George Odhiambo on Monday petitioned the Mombasa High Court for conservatory orders preventing the IEBC from approving Sonko to run for governor on a Wiper ticket.
They asked the court to pump the brakes on the electoral commission’s approval of Sonko’s candidacy before April 28.
“Pending the hearing and determination of this application, there be issued a conservatory order of injunction to restrain the IEBC from accepting the nomination of Sonko to contest and vie for the office of the Governor of Mombasa County,” said Kaguya.
The petitioners stated that notwithstanding Sonko’s disqualification, the Kalonzo Musyoka-led outfit nominated him for the Mombasa governorship on April 21.
“By nominating Sonko to vie for and be elected into the office of the Governor of Mombasa County, Wiper Democratic Movement contravened and violated Article 75(3) of the Constitution,” added the petitioners.
The petitioners told the court that Sonko was impeached and removed from the office of Nairobi City County Governor on December 17, 2020 for breaking and contravening Article 75(1) (c) of the Constitution because he acted in a manner that degraded the office of county governor, which he held at the time.
By virtue of Article 75(3) of the Constitution, Kaguya said, the former senator was barred from holding any other State office, including that of Governor of Mombasa County.
Kaguya stated in an affidavit that the respondent’s impeachment was supported by the High Court of Kenya and the Court of Appeal because it was lawful and procedurally fair.
The temporary conservatory orders, he added, will protect Mombasa voters and the general public from being duped into believing Sonko was qualified and capable of running for and being elected to the office of the governor.
Wiper unveiled Sonko as its gubernatorial candidate in the coastal city last week.
The former legislator’s running mate will be Kisauni MP Ali Mbogo.
“Our consensus efforts continue to bear fruit. The National Elections Board is very pleased to announce that Mike Sonko and Hon Ali Mboga have agreed to work together to deliver Mombasa County Governorship,” the party said, as Kalonzo exuded confidence in its line up.
Sonko, if cleared by the Wafula Chebukati-led commission, will go up against ODM’s Abdulswamad Nassir and UDA’s Hassan Omar.