MOMBASA, Kenya, Jun 7 – There was a stand-off at the Independent Electoral and Boundaries Commission (IEBC) offices in Mombasa on Tuesday after it declined to clear former Nairobi Governor Mike Sonko for the Mombasa gubernatorial race.
According to the returning officer at the centre Swalhah Ibrahim, Sonko presented a degree certificate from the Kenya Methodist University which was not certified.
Ibrahim further indicated that that Sonko’s clearance certificate from the Ethics and Anti-Corruption Commission (EACC) had not been stamped.
The County Returning Officer also said the ruling by a three-judge bench to quash IEBC decision to disqualify Sonko, did not order the Commission to clear him.
“The ruling did not order IEBC to accept Sonko’s papers, therefore, we stand by the chairman’s decision and Sonko stands blocked,” she stated.
She also used Article 75 to disqualify the former governor.
Sonko team refused to leave the Kenya School of Government (KSG) Mombasa after IEBC declined to clear them.
The team vowed to stay put until they are given a green light.
Sonko’s lawyer Titus Kirui said Swalhah is in contempt of court for going against a ruling by a three-judge bench sitting in Nairobi.
“You will be held personally responsible for going against orders issued by a three-judge bench,” said Kirui.
Swalhah directed Sonko and his team to seek reprieve from the IEBC Dispute Resolution Committee, which will be sitting from June 10-19.
Sonko’s team argued that they were strategically scheduled to appear before the commission on the last minute of the last day, June 7.
They accused the IEBC official of having personal vendetta against Sonko.
“How comes that other candidates were given additional time to go and correct their issues, but Sonko is being denied that opportunity?” posed Mbogo, Sonko’s running mate.
At 4:35 pm Sonko submitted a certified copy of his Degree certificate and stamped EACC copies to the County IEBC Returning Officer.
She argued that the papers were submitted past the official time required by IEBC, but the Sonko’s team could not hear any of that.
Sonko’s lawyer also accused IEBC of applying the law selectively.
They challenged the decision by Swalhah to use Article 75 as a reason to disqualify Sonko to run in Mombasa.
“Is IEBC a court of law or tribunal? Was compliance with Article 75 part of your checklist? Why do you stretch your mandate beyond your jurisdiction?” argued Kirui.
