NAIROBI, Kenya, Jun 6 – Former Nairobi Governor Mike Sonko has sued the Independent Electoral and Boundaries Commission (IEBC) for barring him from contesting in the Mombasa gubernatorial race.
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 respondents’ decisions to exclude the applicant from vying for a gubernatorial seat in the 2022 elections are premature and prejudicial and they individually and collectively are oppressive and have already caused irredeemable damage to the applicant,” reads the suit.
Sonko was barred alongside other two impeached leaders including former Kiambu Chief Executive Committee Member for Youth Karungo wa Thang’wa and Chitavi Mkala, former Chief Executive Officer of Malindi Water and Sewerage Company Ltd.
Chebukati affirmed that the disqualification is applicable to persons dismissed for offending provisions of Article 76, 77 or 78 (2) of the Constitution.
He explained that the trio aren’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.
“The reason for disqualification was and remains that he was removed from office for abuse of public office,” Chebukati said while responding on Sonko’s issue.
Article 75(3) provides 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.”
Chebukati however clarified that those with active cases in court will be presumed innocent until all active appeals are concluded.
