Petitioner now wants to withdraw petition against Sonko’s Mombasa governor bid

Former Nairobi Governor Mike Mbuvi Sonko [File]

Reprieve for former Nairobi governor, Mike Mbuvi Sonko, after one of the petitioners, Ndoro Kayuga sought to withdraw a petition barring him from vying for the Mombasa Governor's seat.

Kayuga through his lawyer Titus Kirui informed Mombasa high court judge John Mativo that he was no more interested in pursuing the petition and such he was seeking to file a notice to withdraw the petition, he added that the case was more political than legal.

The judge allowed the matter to be adjourned to 10th of May following the confusion witnessed in court due to the new developments.

Yesterday Sonko told Justice John Mativo that the Independent Electoral and Boundaries Commission (IEBC) is the one vested with the mandate to determine his eligibility to vie for a political seat or not.

Through his lawyer Jared Magolo, he wants Justice Mativo to strike out the petition filed by two petitioners in Mombasa.

"We have filed our objection seeking to have the entire petition struck out since the nature of the petition before court raises questions of jurisdiction and the court has no mandate to hear the petition," said Mr Magolo.

Ndoro Kaguya and George Odhiambo, filed the petition before Justice Mativo seeking conservatory orders stopping IEBC from clearing Sonko to vie for governor.

The petitioners claimed that despite Sonko being disqualified, Wiper Democratic Movement on April 21, nominated him to vie for Mombasa governor in the August 9 General Election.

Yesterday the two petitioners through their lawyer Willis Oluga sought more time to amend their petition after IEBC extended the nomination period to May 5 from April 28.

Mr Oluga applied for more time to amend the petition to confine to Article 75 of the Constitution.

On Monday, the petitioners sought conservatory orders restraining IEBC from accepting Sonko's nomination to contest for Mombasa governor.

Mr Kaguya 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, inter alias 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.

He said the former governor is 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.

“Having been found unsuitable to hold the office of the Governor of Nairobi City County, Sonko is equally unsuitable to hold the office of the Governor of Mombasa County,” said Kaguya.

In a sworn affidavit, Mr Kaguya said the impeachment was upheld by the High Court and Court of Appeal on the basis that it was lawful and procedurally fair.

The petitioners averred that there can be no regular elections in instances such as the present one where the candidate to be elected is not qualified for the office he is seeking.

He said the interim conservatory orders will protect voters of Mombasa county and the public from being hoodwinked into believing that Sonko is qualified and competent to run for and be elected into the office of the governor of Mombasa county.

“The nomination of Sonko with the intention of contesting for and being elected into the office of the Governor of Mombasa county yet he is disqualified from holding any State office amounts to irregular elections and the same is therefore in utter violation of the petitioners' right to fair and regular elections as guaranteed by Article 3,” said Mr Kaguya.

Justice Mativo allowed the petitioners to serve all parties and also directed the matter be heard today.

"Leave to file and serve the respondents is hereby granted by close of business...," said Justice Mativo.