Former Nairobi Governor Mike Sonko got a reprieve on Monday, July 4, after the High Court issued interim orders restraining the Independent Electoral and Boundaries Commission (IEBC) from printing ballots in the Mombasa gubernatorial race.
A three-judge bench including Justices Olga Sewe, Stephen Githinji and Anne Ong’injo further barred the IEBC from gazetting the names of the cleared candidates until a case filed by Sonko is heard and determined.
The court also restrained the Wiper Democratic Party from nominating any other candidate for the position of Governor of Mombasa County.
The court issued the orders pending a hearing and determination of an application and petition filed by the former Governor.
Sonko is seeking to overturn a decision by IEBC’s Mombasa Returning Officer Swalha Ibrahim and the Dispute Resolution Committee - that barred him from ever contesting public office over his impeachment.
Justices Sewe, Githinji and Ong’injo allowed an application by the Ethics and Anti-Corruption Commission (EACC) seeking to be enjoined in the case as an interested party.
The EACC told the court that it needed to be enjoined in the case to table its findings on Sonko's eligibility.
The case file had been forwarded to Chief Justice Martha Koome last week to form a bench to hear the petition.
Sonko, in his submissions, argues that Ibrahim violated the constitution after blocking him on the ground that he did not submit his documents in time.
The former governor blames the county returning officer for failing to receive his original academic certificates and the copies were done intentionally to delay his submission past the deadlines.
He further argues that the timeline for IEBC was to appear before the returning officer between 2 pm and 4 pm (on June 7) - but clearance was not confined to the timelines.
He told the court that by rejecting his copy of academic certificates, the county returning officer acted illogically and unfairly towards him thus violating his rights. He also argues that the returning officer violated the constitution by rejecting his nomination papers without respecting Article 75 and Chapter 6 of the constitution.
Sonko wants a declaration that he is duly qualified as a candidate for the seat of Mombasa Governor in the forthcoming General Election. He also wants the court to issue an order directing the County returning officer to accept his nomination papers.
