NAIROBI, Kenya, Jul 18 – The Independent Electoral and Boundaries Commission (IEBC) has revoked Mike Sonko’s candidature in the Mombasa Gubernmatorial race following the Supreme Court ruling that upheld his impeachment as Nairobi Governor.
The decision to revoke his nomination certificate issued just last week was communicated by the commission’s Mombasa Returning Officer Swalhah Yusuf.
“In adherence to the Supreme Court judgment, you are, therefore, disqualified from holding any public office and thus disqualified from contesting and being elected as the Governor of Mombasa County or any other county,” he said in the letter dated July 18.
“Your candidature is invalidated and your certificate revoked,” he said.
Yusuf, who had last week cleared Sonko vie, said that the High Court allowed the nomination based on Article 193 (3) since he had a pending appeal at the Supreme Court.
With the Supreme having upheld his impeachment, he said, Sonko stands disqualified.
But Sonko is not taking this decision lying down, since has already filed a challenge at the East African Court of Justice in Arusha, Tanzania, seeking to overturn the Supreme Court ruling which he described as “unfair”.
And even though Sonko’s legal counsel argues that the Supreme Court had not vacated the orders issued by the High Court ordering for his clearance, IEBC holds that the High Court acted within the provisions in the law for an appeal.
According to the electoral commission, the move to withdraw Sonko’s clearance was also hinged on Article 75 (3) of the Constitution.
Under Article 75 (3), a person “dismissed or otherwise removed from office for a contravention of the provisions specified in clause (2) is disqualified from holding any other state office.”
Having contravened Article 192 (2) of the constitution by contravening Chapter Six of the constitution, IEBC elaborated that it might be the end for Sonko as he is lawfully barred from contesting for the member of county assembly slot.
“I wish to draw to your attention to the fact that on 15th July the Supreme Court of Kenya in the subject of the appeal held that your impeachment was procedurally fair and in accordance of the constitution that you were removed from office for contravening the provision of Chapter Six and that you have exhausted all possibilities of appeal,” the Mombasa returning officer stated.
In upholding Sonko’s ouster, the seven-member court dismissed assertions by Sonko’s legal team that impeachment proceedings at the County Assembly and Senate violated the law.
The court held the two legislative houses carried out the impeachment in accordance with Article 181 of the Constitution, Section 33 of the County Governments Act and respective Standing Orders.
The bench presided over by Chief Justice Martha Koome also ruled that the appellant — Sonko — was accorded adequate time to respond to charges levelled against him.
The Koome-led bench said the County Assembly and the Senate conducted sufficient public participation having advertised the intended impeachment on local dailies and allowed for submission of memoranda.
