The High Court has quashed a decision by the electoral agency and its Mombasa County returning officer disqualifying former Nairobi Governor Mike Sonko from vying for the position of Governor Mombasa County.
The court also directed the County returning officer and IEBC to accept nomination papers of Mr Sonko.
The three judge bench further ruled that Mr Sonko is eligible under the constitution to vie for Governor Mombasa.
The court noted that there being a pending appeal at the Supreme Court (regarding his impeachment) the electoral agency move to rejected Sonko’s papers contravenes the constitution.
The bench consisting of Olga Sewe, Ann Ong’injo’ and Stephen Githinji issued the orders just days after the Governor missed in the list of gazetted candidates for the Mombasa Governor’s seat.
“As a result, the petition is allowed and prayers granted, and the third respondent (IEBC) is directed to accept nomination papers presented by the petitioner (Sonko),” read the ruling.
Through his lawyer John Khaminwa, Sonko argued that the move by the electoral body to bar him was improper, unprocedural and unlawful.
Sonko further said that it is prejudicial to exclude from vying due to his impeachment, arguing that his impeachment proceedings have not been concluded and that they are currently pending at the Supreme Court.
The former governor had been barred alongside former Kiambu Chief Executive Committee Member for Youth Karungo wa Thang’wa, who has since been cleared to vie by the courts.
According to IEBC Chairman Wafula Chebukati, the two weren’t eligible to run for public office after being hounded out of office over integrity issues as stipulated in the Chapter six of the constitution.
Chebukati however noted that those with active cases incourt will be presumed innocent until all active appeals are concluded.
