Former Nairobi governor Mike Sonko has moved to court to stop the Independence Electoral and Boundaries Commission (IEBC) from printing ballot papers for the Mombasa gubernatorial race.
Sonko's petition comes a day after the High Court threw away his petition seeking to nullify the revocation of his clearance to run for office.
The embattled politician now wants the race halted until the court issues new orders on his capability to contest for the office of the governor.
He also sought judicial review over his case, stating that IEBC should not have cleared his rivals, Abdulswamad Nassir (ODM), Hassan Omar (UDA), and five other candidates until his cases are concluded.
“Despite several correspondences seeking the withdrawal of the letter [of revocation], IEBC's Mombasa returning officer Swalha Ibrahim, with the advice of IEBC, has neither withdrawn the revocation nor gazetted Sonko as a candidate for the election,” Sonko sought clarification on his matter.
He argued that he was being denied his political right to contest for the governorship.
IEBC chair, Wafula Chebukati had lamented that he may be forced to postpone elections in contested areas as the cases may affect IEBC's preparation.
Judiciary, however, indicated that it would fast-track the cases in the said regions, to pave way for smooth polls.
The High Court while throwing out Sonko's case on Thursday, July 28, dismissed his efforts to sue IEBC and its Mombasa returning officer, Swalha Ibrahim, for contempt of court.
A three-judge bench comprising Justices Olga Sewe, Anne Ong’injo, and Stephen Githinji ruled that his application lacked merit
The case came a few days after the Supreme Court barred him from contesting for the gubernatorial seat after it upheld his impeachment.
Sonko was found to have abused his office and violated the Constitution. The Supreme Court ruled that the impeachment proceedings before the County Assembly and the Senate were properly conducted per Article 181 of the Constitution, Section 33 of the County Governments Act, and Standing Orders of the Assembly and the Senate.
The politician moved to the East African Court of Justice to challenge the Supreme Court's decision.
"Sonko is gravely and fundamentally aggrieved by the decision of the Supreme Court of Kenya and in the manner in which the said court and the courts below (High Court and Court of Appeal) conducted the said proceedings contrary to the rule of law and the rules of natural justice with the resultant effect of a grave injustice and miscarriage of justice being visited upon him," the court papers stated.
In a recent interview, Sonko claimed that his woes were politically instigated to favour his rival, ODM's Abdulswamad Nassir.
He thus demanded his running mate, Kisauni MP Ali Mbogo, to be cleared to face off with Nassir lest he supports Hassan Omar of the United Democratic Alliance (UDA).
"I was impeached as Sonko and not my running mate. Allow him to be on the ballot because he is innocent, or else I will support Omar. It is not the end of the road for me, Mbogo, Mombasa people, my party leader Kalonzo Musyoka or Wiper,” he threatened.
True to his words, Sonko joined Kenya Kwanza, an alliance headed by Deputy President William Ruto. Omar's UDA is an affiliate of the alliance.
