IEBC Directs Returning Officer Not to Clear Sonko to Vie for Mombasa Governor Seat

Independent Electoral and Boundaries Commission (IEBC) has moved to block impeached public officials from running for elective seats in the August 9th elections.

As reported by Nation, the commission has directed returning officers not to clear such aspirants unless they obtain a court order to process their nomination papers.

This deals a further blow to former Nairobi Governor Mike Sonko after the High Court on Thursday restrained IEBC from processing his papers and clearing him to vie for the Mombasa gubernatorial seat pending the hearing and determination of a petition filed by civil society groups Haki Yetu, Kituo Cha Sheria and Transparency International.

Sonko, who was impeached as Nairobi governor in December 2020 for corruption, abuse of office, and gross misconduct, is eyeing the Mombasa governor's seat on a Wiper party ticket. IEBC has instructed Mombasa returning officer not to accept Sonko’s documents, according to Nation.

The commission says the decision was guided by Article 75(3) of the Constitution which stated that “a person who has been dismissed or otherwise removed from office for a contravention of the provisions specified in clause (2) is disqualified from holding any other state office.”

“Even without the court order mentioned, Article 75 of the Constitution is self-speaking and self-executing. It is clear and does not require to be qualified to take effect,” IEBC CEO Hussein Marjan said.

“The constitutional stipulations of Chapter Six were never intended for ornamental purposes.”