The Independent Electoral and Boundaries Commission (IEBC) has hinted at a possible postponement of the Mombasa gubernatorial election following prolonged court battles.
In a presser on Tuesday, July 19, IEBC chair, Wafula Wanyonyi Chebukati, said the Commission could be forced to set a different date for governor election in Mombasa due to ongoing court cases.
“If the decisions of the court are going to throw us completely off the balance, then we shall postpone elections for those selective posts only.
“We are guided by judgments of the court and we are law-abiding but again when it becomes impossible for us to perform our functions, then we shall postpone elections for the respective positions,” said Chebukati.
The Mombasa election, if the postponement is to take place, will be based on an outcome of a pending case at the East African Court of Justice (EACJ).
Former Nairobi governor, Mike Mbuvi Sonko, moved to the regional court for a review of a ruling by Supreme Court which threw out petition challenging his impeachment as Nairobi county boss.
Sonko lost his seat as Nairobi governor after the Senate affirmed his impeachment in 2020, but is now seeking to succeed governor Hassan Ali Joho of Mombasa.
Embattled Sonko wants the regional court to certify his suit urgent and temporarily stop the implementation of the Supreme Court judgment which was delivered on Friday, July 15.
Consequently, IEBC through Mombasa County Returning Officer, Swalhah Yusuf, revoked Sonko's candidature for the governor's seat on July 18.
"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," the County Returning Officer stated.
Sonko - through his lawyers - argued that the decision by the Apex Court would kill his career indefinitely.
"His fundamental political rights and freedoms were illegally, unlawfully, and unjustifiably curtailed over a flawed judicial process tainted and marred by illegalities, lack of transparency, lack of accountability and failure to adhere to the rule of law," his lawyers, led by Danstan Omari stated.
EACJ has already asked Attorney General, Paul Kihara Kariuki, to respond to the claims in 45 days failure to which the hearing will proceed.
It is, however, a small window for Sonko to sail through with his pursuit to secure his political career as pundits argue the Kenyan constitution portrays a grey area on what next after an elective leader is impeached.
"There is a small window depending on how they will review. EA Court of Justice can only make a review," said Maimuna Mwidau, a political analyst.
