Sonko Disqualified From Mombasa Gubernatorial Race as He Files Case at EAC

The Independent Electoral and Boundaries Commission (IEBC) has disqualified former Nairobi Governor Mike Sonko from the Mombasa gubernatorial race.

In a statement, the electoral agency said the decision was made after the Supreme Court upheld his impeachment.

The Apex court on Friday found that the former county boss had been legally ousted from office by the Nairobi county assembly and the senate in 2020.

“In adherence to the Supreme Court judgement you are therefore disqualified from holding any public office and thus disqualified from contesting and being elected as the governor of Mombasa or any other county. Your candidature is invalidated and your certificate revoked,” reads the letter.

Read: I Was Denied Justice – Sonko Laments As He Writes to EACJ on Impeachment Ruling

But Sonko who is determined to succeed Governor Ali Hassan Joho has filed an appeal at the East African Court of Justice.

Through his lawyers; Kenneth Wanyanga and Danstan Omari, Sonko claimed that he was not given the opportunity to be heard as required by law.

He said that the top court did not take into account the fact that his impeachment appeal received no response.

The former Nairobi senator has also requested that the court provides temporary orders halting the enforcement of the judgment.

Read Also: End of Road for Sonko as Supreme Court Upholds Impeachment

He further contended that the Supreme Court did not overturn the directive given to the Independent Electoral and Boundaries Commission (IEBC) to include Sonko’s name on the ballot by three justices of the High Court sitting in Mombasa.

According to the former lawmaker, against the Supreme Court’s own directive, seven judges heard the case instead of the five justices who were meant to hear it.

Sonko’s lawyers also revealed that they had petitioned the Supreme Court for a stay of the judgment.

They claimed that after admitting it lacked authority to consider the impeachment application, the highest court nonetheless proceeded to render a ruling.

Read Also: Win for Sonko As Court Orders IEBC To Clear Him for Mombasa Governor Race

“The decision of the Kenyan judicial arm is tainted with illegality as the decision of the high court as upheld by the Supreme Court was influenced through corrupt means,” he says.

Sonko has also claimed that the High Court’s Presiding Judge, who made the ruling, is currently being investigated by a disciplinary committee for accepting payments to influence the court’s decision, which led to his dismissal from office.

As a result, he has asked that the Supreme Court overturn its ruling on the basis that Justice Said Chitembwe, a member of the bench that upheld his impeachment, is facing an investigation for possible misconduct.

He claims that one of the complaints made to the committee is that Chitembwe handled his impeachment case in a prejudiced and cunning way.

“The determination of the proceedings before the tribunal will have a bearing on the challenged judgment of the high court culminating in this appeal,” Sonko said.