Former Nairobi Governor Mike Sonko has filed a lawsuit against the Independent Electoral and Boundaries Commission (IEBC) for preventing him from running for governor of Mombasa.
Sonko argued, through his lawyer John Khaminwa, that the electoral body’s decision to prohibit him was inappropriate, unprocedural, and illegal.
The former Makadara MP further claimed that excluding him from running because of his impeachment is detrimental, claiming that his impeachment processes have not been completed and are now pending before the Supreme Court.
“The respondents’ decisions to exclude the applicant from vying for a gubernatorial seat in the 2022 elections are premature and prejudicial and they individually and collectively are oppressive and have already caused irredeemable damage to the applicant,” the suit reads in part.
Read: I will Be on the Ballot – Sonko Insists After IEBC Disqualification
Sonko claims that he has spent a lot of money and put in a lot of effort into the Mombasa County political campaigns, and that preventing him from running is a violation of his fundamental rights.
Likewise, he says that his supporters will be negatively impacted by the decision taken by the Wafula Chebukati-led body.
Sonko was barred together with two other impeached leaders: Karungo wa Thang’wa, a former Kiambu Chief Executive Committee Member for Youth, and Chitavi Mkala, the former Chief Executive Officer of Malindi Water and Sewerage Company Ltd.
Chebukati said that the disqualification applies to anyone ousted for violating the Constitution’s Articles 76, 77, or 78 (2).
Read Also: IEBC Blocks Sonko From Running for Mombasa Governor Seat
He noted that the trio are unable to seek elective posts because they were removed from office due to ethics violations, as stipulated by Chapter 6 of the constitution.
“The reason for disqualification was and remains that he was removed from office for abuse of public office,” Chebukati said.
Article 75(3) provides that: “A person who has been dismissed or otherwise removed from office for a contravention of the provisions specified in clause (2) is disqualified from holding any other State office.”
Those with open cases in court, however, will be presumed innocent until all pending appeals are resolved, said Chebukati.
Read Also: Sonko Responds to CJ Koome, DPP Haji on Attempts to Block Mombasa Governor Bid
But Sonko on Saturday insisted that he will still be on the ballot come August 9.
“So with God’s grace and through your prayers, I will be on the ballot,” the former Nairobi senator tweeted.
He was going to face off with Orange Democratic Movement’s (ODM) Abdulswamad Nassir and United Democratic Alliance’s (UDA) Hassan Omar.
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