Two people have filed a petition seeking to bar former Nairobi governor Mike Sonko from being cleared by Independent and Electoral and Boundary Commission (IEBC) to contest for the Mombasa governor seat.
Today, Ndoro Kaguya and George Odhiambo filed the petition before the Mombasa High Court seeking conservatory orders stopping IEBC from clearing Sonko to vie for governor on a Wiper ticket.
They want the court to bar IEBC from clearing Sonko to run for Governor post in Mombasa County before April 28 2022.
“Pending the hearing and determination of this application, there be issued a conservatory order of injunction to restrain the IEBC from accepting the nomination of Sonko to contest and vie for the office of the Governor of Mombasa County,” said Kaguya.
Through lawyer Willis Oluga, the petitioners claimed despite Sonko being so disqualified, Wiper Democratic Movement on April 21, nominated him for Mombasa governor race.
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Contravened and violated
“By nominating Sonko to vie for and be elected into the office of the Governor of Mombasa County, Wiper Democratic Movement contravened and violated Article 75(3) of the Constitution,” said Kaguya.
He said Sonko was on December 17, 2020 removed from the office of the Governor of Nairobi City County by way of impeachment for violating and contravening, Article 75(1) (c) of the Constitution because he behaved in a manner that demeaned the office of a county governor which he was holding at the time.
Kaguya claimed Sonko was disqualified from holding any other State office including the office of the Governor of Mombasa County by virtue of Article 75(3) of the Constitution.
In a sworn affidavit, Kaguya said impeachment was upheld by High Court of Kenya and the Court of Appeal on the basis that it was lawful and procedurally fair.
He said the interim conservatory orders will protect Mombasa voters and the general public from being hoodwinked into believing that Sonko was qualified and competent to run for and be elected into the office of the governor.
