IEBC to Decide Sonko’s Fate in the Mombasa Governor Race Following Supreme Court Ruling

Independent Electoral and Boundaries Commission (IEBC) is set to decide former Nairobi governor Mike Sonko’s fate after the Supreme Court upheld his impeachment on Friday.

While dismissing Sonko’s appeal, the apex court ruled that the impeachment proceedings against him before the County Assembly and the Senate were properly conducted in accordance with Article 181 of the Constitution, Section 33 of the County Governments Act and Standing Orders of the County Assembly and the Senate.

IEBC Chairperson Wafula Chebukati says the commission will give its stance on Sonko's bid for Mombasa governor in the coming days after holding internal discussions.

"I have not had time to look at the judgment of the Supreme Court and discuss with my team as a commission. We shall look at the issue and maybe get back on Monday, Tuesday or Wednesday next week. We have not had time to navigate this issue," said Chebukati.

The Supreme Court ruling locked Sonko out of the Mombasa gubernatorial contest in the August 9th general elections. Article 75(3) of the Constitution states that “a person who is removed from office on contravention of Chapter 6 of the Constitution is disqualified from holding any other State or public office whether elective or appointive.”

Sonko was cleared to vie for the Mombasa governor seat on Thursday, a day after the High Court quashed an earlier decision by IEBC to disqualify him on grounds that he had been impeached from office.

A three-judge bench ruled that Sonko, who is eyeing the seat on a Wiper party ticket, has an appeal pending at the Supreme Court and that he has not exhausted his options for contesting his impeachment. The judges directed the electoral commission to accept Sonko's documents and clear him to vie for the position of Mombasa governor.

Sonko was impeached in December 2020 by the Nairobi County Assembly and the Senate on grounds of gross violation of the constitution, abuse of office, misconduct, and crimes against national law.