MOMBASA, Kenya, May 23 – The petition challenging the candidature of Former Nairobi Governor Mike Sonko for the Mombasa gubernatorial seat will continue to its logical conclusion, the High Court has ruled.
The ruling was made by Justice John Mativo who was revealing the status of the suit after it allowed the first petitioner Ndoro Kayuga to withdraw from the petition.
Justice Mativo stated that the second petitioner George Odhiambo will now continue with the petition.
“The first petitioner be and is hereby allowed to withdraw from this petition and is discharged from these proceedings immediately,” ruled Mativo.
Judge Mativo argued that Odhiambo (2nd petitioner) will proceed with the petition as the reasons by the 1st petitioner to withdraw the petition are not substantive.
The High Court cited that the reason for withdrawal of the petition have not passed the threshold stipulated in the law.
Unless the public interest will suffer or there is abuse of the processes of the law, then the petition will proceed.
“The court may proceed to hear the petition despite the wishes of the petitioner to discontinue. This is a matter of judicial discretion,” said Justice Mativo
Kayuga through his lawyer Titus Kirui withdrew the suit arguing that he had come to the realization that Sonko’s impeachment case was more political than legal.
The petitioner is said to have had a change of heart following a televised TV interview.
“That however on the same day in the evening of 25th April 2022.the 1st respondent (Mike Sonko) appeared on Kenya Television Network, a national television, as a guest in segment called “Check point” where he articulated in detail his tribulations as the governor of Nairobi County,” said Kayuga.
With an appeal by the embattled Governor over his impeachment pending at the Supreme Court, Kayuga through his lawyer Titus Kirui said that his petition to bar Sonko would be thwarted on the basis that its premature.
“That I am advised by counsel which advice I believe to be verily true that based on the pending appeal at the Supreme Court, the current petition is therefore premature and may suffer from the doctrine of ripeness if the same proceeds,” the petition read.
The petitioner argued that the former governor is disqualified from holding public office, following his impeachment.
“The 1st Respondent, having been impeached and removed from the office of the Governor of Nairobi City County, is disqualified from vying for and being elected to the office of the Governor of Mombasa County and from holding any other State office by virtue of Article 75 (3) of the Constitution,” read the petition.
They had wanted the Independent Electoral and Boundaries Commission (IEBC) barred from clearing Sonko to join the Mombasa gubernatorial race.
The Kalonzo Musyoka led Wiper Party was also faulted for nominated and issuing Sonko the ticket to run as Mombasa Governor.
“The 1″ Respondent and the 1st Respondent’s decision to accept the nomination despite being disqualified by the Constitution is in violation of the Petitioners’ constitutional rights to free, fair and regular elections as guaranteed by Article 38 (2) of the Constitution,” further reads the petition.
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