Even after being disqualified by the Independent Electoral and Boundaries Commission (IEBC) chair Wafula Chebukati, former Nairobi Governor Mike Sonko is convinced that he will still run for Governor of Mombasa.
Sonko’s candidacy was rejected by Chebukati on Saturday, citing his ineligibility to hold public office as a result of his impeachment for abuse of office.
Individuals said to have violated Chapter Six of the Constitution, he said, are barred from holding public office, either through election or appointment, under Article 75 (3) of the Constitution.
“The commission’s position is that Article 75 of the Constitution is self-speaking and self-executing and does not have a proviso (a saving clause). Therefore, aspirants removed from office through impeachment are disqualified from contesting in the election,” Chebukati said.
Read: IEBC Blocks Sonko From Running for Mombasa Governor Seat
Following the verdict, Sonko took to Twitter to allege that the Kenyan Constitution does not expressly indicate that aspirants with pending court issues are ineligible to run for elected positions.
“…The Constitution of Kenya cannot be read or applied selectively to favour the interests of our political enemies. Those who read Article 75 without reading article 99(3) and Article 193(3) are wrong. The two articles state: 99 (3) A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant decision has been exhausted. 193 (3) A person is not disqualified under clause (2) unless all possibilities of appeal are exhausted,” he said.
The former governor is currently appealing his conviction, which will be decided by a three-judge bench on Tuesday.
Chebukati should have waited for the final judgement before announcing his disqualification, Sonko said.
Read Also: Sonko Responds to CJ Koome, DPP Haji on Attempts to Block Mombasa Governor Bid
“So with God’s grace and through your prayers, I will be on the ballot,” Sonko said.
Also disqualified was Chitavi Mkhala who was also seeking a stab at the Mombasa gubernatorial contest.
Mr Mkhala was charged at the Mombasa Chief Magistrate Anti-Corruption Court in ACC No. 2 of 2009 with three counts of abuse of office and was convicted on three counts in a judgment delivered on December 15, 2011.
Read Also: IEBC Barred from Clearing Sonko to Run for Mombasa Governor
UDA senator aspirant Paul Karungo wa Thang’wa was also disqualified for being impeached as Kiambu Youth CEC for misappropriation of funds.
Making the list was Thuo Mathenge who was vying for the Nyeri Governor seat and was first declared by the court to hold an invalid degree certificate in 2013 and was disqualified from contesting in the 2017 General Election.
Others were Ekamais Jeremiah Loromukai who was contesting for Turkana governor seat and MCA David Njilithia Mberia who was seeking the Karen County Assembly seat.
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