A three High court judge bench has directed the independent electoral and Boundaries Commission (IEBC) to clear former Nairobi governor Mike Mbuvi Sonko to vie for Mombasa county governor.
High court judges, Olga Sewe, Ann Ong'injo' and Stephen Githinji gave a judgment on a case that governor Sonko had moved to the High Court to contest the IEBC Dispute Resolution Committee’s decision that locked him from contesting for Mombasa County’s top job.
Justice Stephen Githinji ruled on Wednesday, July 13 that the electoral commission acted unfairly by locking out the former Nairobi governor even after the governor has satisfactorily met the requirements
The judge said IEBC was unreasonable for refusing to accept certified copies of Sonko’s academic certificates outside the stipulated timeline, saying that was not a basis to lock him out.
At the same time Githinji said Iebc Chair Wafula Chebukati acted unconstitutionally in giving a press release barring Sonko to be cleared.
This means that the race to succeed governor Joho will not be an easy ride to already cleared candidates like ODM's Abdulswamad Nassir, United democratic alliance( UDA) Hassan Omar and VDP party Awiti Bolo.
The court noted that IEBC was inappropriate not to clear Mike Sonko on the three basis that he suited his degree certificate late, arguing that the Commission should have considered flexibility of the matter.
"This court has set a very good precedent on how matters of impeachment should be handled, justice has prevailed, what we urge is that the orders should be fully complied by the Iebc," said Wilfred Nyamu a lawyer representing Sonko.
Sonko was locked out of the race after both the County Assembly of Nairobi and the Senate impeached him over gross misconduct allegations.
The lawyers hailed the high court for standing for justice and setting a direction on handling impeachment matters. The lawyers now asked the court to compel Iebc to swiftly clear and Gazette Sonko name for the August 9 polls.
"The petitioner has already suffered enough mental torture so in the interest of justice to the petitioner, the Iebc to shifty been compelled to gazette Sonko to vie,"said Wilfred Nyamu.
Speaking outside the court, Kisauni member of Parliament and Sonko's running mate Ali Mbogo asked their opponents to brace for a bruising battle in the August 9 polls.
"Justice has prevailed at last and we want to ask our people that we have only one task ahead that is on August 9 to vote,let's get ready to show them dust,"Mbogo said.
Mbogo said Mombasa was suffering from under development because of the people who have no leadership vision saying the Wiper party candidature will deliver victory.
Sonko is set to battle it out with ODM's Abdulswamand Nassir,UDA Hassan Omar among other contestants in the quest to succeed governor Hassan Joho.
However IEBC has requested to lodge an appeal against the judgement. The court heard that the submissions to gazette Sonko will be heard on July 18 next week.
