High Court Bars IEBC from Clearing Sonko to Vie for Mombasa Governor Seat

The High Court has issued temporary orders barring Independent Electoral and Boundaries Commission (IEBC) from processing former Nairobi governor Mike Sonko's nomination papers to vie for the Mombasa gubernatorial seat.

Justice John Mativo also restrained the electoral commission from clearing Sonko for the August 9th elections pending the hearing and determination of an application filed by Haki Yetu, Kituo Cha Sheria, and Transparency International.

The petitioners are seeking to have Sonko disqualified from contesting, arguing that he was removed from office for violating the Constitution by failing to promote public confidence and the integrity of the office of governor, among others.

“Having been found unsuitable to hold the office of the Governor of Nairobi City County, Mr. Sonko is equally unsuitable to hold any other state office,” the petition states.

They state that despite being disqualified by Article 75 (3) of the Constitution from holding state office, Sonko has declared intention to vie for the Mombasa governor’s seat in the upcoming elections and has been nominated by the Wiper Democratic Movement party. The petitioners assert that Wiper violated the Constitution by nominating Sonko.

“IEBC is likely to approve and clear Sonko to run for the position of Governor Mombasa since he has already been nominated by Wiper party and his name submitted to IEBC in further perpetration of constitutional violations and a real threat to petitioners’ constitutional rights,” the petition states.

The petitioners also rejected claims that only a final conviction can bar a contestant from occupying public office, citing a case in which Sonko is charged with corruption and a trial court barred him from accessing his office pending its determination.