Back to drawing board for Wiper as IEBC rejects Mike Sonko

Wiper leader Kalonzo Musyoka with former Nairobi Governor Mike Sonko (right) during a rally at Suswa in Narok County. June 4, 2022. [Kipsang Joseph, Standard]

Mombasa County is in a spin after the electoral commission barred former Nairobi Governor Mike Sonko from the race to succeed incumbent Hassan Joho in the August 9 election. 

After a four-hour standoff at the Mombasa Government Training Institute (GTI), Sonko said he had not given up amid reports that he had instructed his lawyers to move to court to challenge the IEBC’s move. Sonko said the electoral body had violated his rights.

However, legal scholars said IEBC can still give Wiper party time to field another candidate. According to lawyer Abubakar Yusuf, Wiper had a four-day window, until June 10, to field another candidate.

IEBC returning officer Swalaha Yusuf said Sonko does not meet Chapter Six of the Constitution on leadership and integrity following his December 2020 impeachment by the Nairobi City County Assembly members. She said Sonko had no court orders to compel IEBC to clear him as reported by a section of the media.

Ms Yusuf said IEBC chairman Wafula Chebukati had on June 4 pronounced himself about the fate of impeached governors, and that in the absence of a court order, the embattled former Nairobi governor cannot be cleared to run.

“I’ve read the orders issued on Monday by the three-bench judge and it has not ordered the IEBC to clear you. So I will follow the instructions from the IEBC chairman,” said Yusuf.

Sonko vowed not leave GTI in Mombasa compound until he is cleared by the IEBC. By the time of going to press a contingent of police officers had been deployed in the area as crowds swelled.

On Monday, a three-judge bench lifted orders issued to stop the IEBC from receiving Sonko’s documents until three petitions filed against him are heard and determined. Justices David Majanja, Chacha Mwita and Mugure Thame however said the orders should not be construed to mean they had directed IEBC to clear Sonko.

“That for avoidance of doubt, this order should not be construed as directing the IEBC to accept or reject any of the nomination papers of the candidate’s subject of this petition,” stated the orders extracted on Monday. The orders to bar IEBC from receiving Sonko’s nomination papers had been issued by Justices Mativo in Mombasa and Anthony Murima of Nairobi.

IEBC chairman Wafula Chebukati. [File, Standard]

“There are three orders directing IEBC not to accept and process papers of Sonko, these orders were issued exparte. We think to give IEBC a chance to do its mandate and to be fair to the aspirants, we vacate all the orders. Petition to be heard on Thursday,” said the bench.

On June 4, Chebukati also issued guidelines to the Returning Officers across the country saying that impeached governors like Sonko and Ferdinand Waititu should not be cleared to run for State offices.

Yesterday, Sonko said he will fight to the end adding that he would not throw in the towel yet despite mounting legal hurdles against his candidature.

“I will fight to the end. It is not time to talk about plan B; my legal team is still evaluating available options,” said Sonko.

Sonko’s candidature had created tension in the Azimio la Umoja One Kenya Coalition between Wiper party and ODM supporters that back Mvita MP Abdulswamad Sharrif Nassir.

The battle to succeed Joho is now between ODM’s Nassir and former senator Hassan Omar of United Democratic Alliance (UDA). Others in the race are former Nyali MP Awiti Bollo of the Vibrant Democratic Party (VDP) and Joho’s deputy, Dr William Kingi vying on the Pamoja African Alliance (PAA).