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Former Nairobi Governor Mike Sonko with Wiper Leader Kalonzo Musyoka. [Courtesy]

Wiper No Longer Fronting MP Mbogo For Mombasa Governor Seat

Former Nairobi governor Mike Mbuvi Sonko is still Wiper party’s Mombasa gubernatorial candidate.

The party submitted in court on Wednesday that the Independent Electoral and Boundaries Commission (IEBC) refused to act on its request to replace Sonko with Ali Mbogo, the sitting Kisauni Member of Parliament.

Wiper declared that it would keep advocating for Sonko’s exoneration despite the politician’s ongoing legal troubles.

But according to the electoral commission, they were unable to respond to Wiper’s letter because they had gone over the 72-hour time limit set by the commission.

Read: Confusion as Wiper Picks Kisauni MP Mbogo As Sonko’s Replacement in Mombasa Governor Race

Wiper’s lawyer Eunice Lumallas criticized the IEBC dispute resolution committee, calling it unreasonable, for allowing the party only 72 hours to choose a replacement candidate.

“We received a letter from IEBC drafted on June 30, indicating the names submitted were time-barred,” Ms Lumallas stated.

Ms Lumallas was making her argument in front of a three-judge bench made up of justices Olga Sewe, Stephen Githinji, and Ann Ong’injo during the hearing of a petition filed by Sonko.

The former Nairobi county boss is asking the court to reverse the decision of the IEBC’s Mombasa county returning officer Swalha Ibrahim and its dispute resolution committee disqualifying him from the race for governor of Mombasa.

Read Also: Supreme Court Says Sonko Filed Appeal Against Impeachment On Time

The lawyer supported Sonko’s appeal, claiming that he was accused of submitting his documents after the deadline rather than being removed from office due to impeachment.

Ms Lumallas contended that the law only requires a candidate for governor to meet the requirements of a Member of the County Assembly, and does not require a degree.

“The Constitution does not require one to have a degree,” she argued.

However, the IEBC claimed via lawyer Edwin Mukele that while it had a responsibility to receive the letter from Wiper, this did not imply that its recommended candidates had been approved as there are still procedures to be followed.

Read Also: Wiper In Court Seeking To Have Sonko Vie For Mombasa Governor Seat

According to Mr Mukele, the situation has changed as a result of the party’s nomination of a different candidate, contrary to Sonko’s request for an injunction prohibiting Wiper from choosing a different candidate than himself.

Mr Mukele further said that the aspiring governor did not adhere to the demands that he present his original degree together with a certified copy, claiming that Wiper had been given 72 hours but did not comply.

The IEBC also told the court that the former Makadara MP did not meet the standards for integrity and leadership.

He urged the court to refrain from interfering with IEBC’s responsibility to assess whether a person has been removed from office, arguing that the electoral agency has the authority to ascertain an aspirant’s qualifications.

Read Also: Wiper Leaders Vote To Have Kalonzo Return to Azimio

“IEBC and its county returning officer for Mombasa acted within the law in declining to clear the petitioner,” argued Mr Mukele.

“I urge the court to restrain itself from usurping powers of the IEBC in clearing candidates.”

The former Nairobi senator also requests a certification that he is legitimately eligible to run for Governor of Mombasa on August 9.

Additionally, he has requested that Ms Ibrahim be given an order to accept the nomination papers he has provided.

The court will issue its decision on July 15.

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