The Supreme Court on Monday, June 6, gave former Nairobi governor Mike Sonko a lifeline in his bid for governor of Mombasa County.
She previously suspended the decision of the Independent Electoral and Boundary Commission (IEBC) to bar Sankoh from running to succeed incumbent Hassan Ali Joho.
The court ordered the committee to stay its decision pending a decision on a case of breach of the IEBC directive.
IEBC chair Wafula Chebukati has warned that any impeached candidate cannot run, even if impeachment is called into question. In the petition, however, Sonko accused Chebkati of malicious intent, saying his impeachment had not been proven. Citing Articles 99(3) and 193(3) of the Constitution, the former Nairobi governor said he had not yet fully opened his appeals process against impeachment.
“A person shall not be disqualified under subsection (2) unless all avenues for appeal or review of the relevant judgment or decision have been exhausted,” read part of the aforementioned clause.
He also presented evidence of his appeal against the April 1 Supreme Court of Appeal decision, which was served to the Nairobi County Council and 11 other defendants.
Sonko filed a petition challenging the electoral agency’s attempt to disqualify him from running for office, saying it was illegal and procedural.
On June 2, Chief Justice Martha Koome chose a three-member seat to hear and decide a case aimed at barring candidates with integrity issues from the Aug. 9 election.
The committee will consist of Judge David Majanja, who will be the presiding judge, as well as Judges Chacha Mwita and Mugure Thande. A ruling by the plenary will dictate whether or not Sonko or ousted Kiambu Governor Ferdinand Waititu would be eligible to contest for any elective seat in the upcoming poll.
Press briefing on the court orders we received today before the three Judge bench. pic.twitter.com/WkRAyNwSR9
— Mike Sonko (@MikeSonko) June 6, 2022
