Former Nairobi governor Mike Sonko has been disqualified from running in the Mombasa gubernatorial race.
The announcement of Sonko’s disqualification was made on Saturday by the Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati at the Bomas of Kenya.
Chebukati said aspirants who have been previously impeached from public office stand disqualified from contesting in an election.
Mr Sonko, who was impeached as Nairobi governor for abuse of office, had been nominated by the Wiper party to contest the Mombasa seat.
Also disqualified on grounds of having been impeached from office is former Kiambu Youth Executive Karungo Thang’wa who was set to vie for the Kiambu Senate seat on a UDA ticket.
In disqualifying Sonko and Thang’wa, Chebukati said the decision was guided by Article 75(3) of the Constitution.
Says the article: “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. Therefore, the three aspirants who have been removed from public office through impeachment are disqualified from contesting in the elections,” said Chebukati.
Also affected by the decision is former Kiambu Governor Ferdinad Waititu.
Last month, IEBC instructed returning officers not to clear such candidates unless a court order compels them to process their nomination papers.
Mr Sonko and Mr Waititu were impeached for corruption, abuse of office and misconduct. Both lost cases they filed to reverse the action though Mr Sonko went to the Supreme Court.
Mr Sonko was impeached from the office of the governor on December 17, 2020.
The Senate, while passing the resolution to remove him from office, found him guilty of plundering public resources, persistently intimidating and molesting officers of the County Executive Committee and unlawfully using public funds to pay for his daughter’s travel to New York, USA.
He was also found guilty of persistently and wilfully using, publicising and publishing abusive and unbecoming words and language as evidenced by his social media posts.
Further, he made numerous rants in which he hailed abuses and conducted himself in a manner that undermines and demeans the office of the governor.
EACC also wants 241 aspirants barred over integrity issues, including two running for President, one seeking clearance as a running mate, 61 for governor, six for Senate, 19 for Woman Rep, 58 for MP, and 94 for MCA.
