The High Court in Mombasa has cleared Mike Mbuvi Sonko to vie for Mombasa governor’s seat in the August 9 General election.
High Court Judge Stephen Githinji has ordered the Independent electoral and Boundaries Commission to gazette Sonko as the Wiper Party candidate in Mombasa governorship race, saying that he was unfairly locked out.
The Court also ruled that IEBC was unreasonable for refusing to accept certified copies of Mike Sonko’s academic papers outside the stipulated timeline.
A 3-judge bench found the electoral body violated law under Articles 20, 27, 38.
The court also directed the County returning officer and IEBC to accept nomination papers of Mr Sonko.
Sonko sought orders to compel IEBC and Wiper Party not to appoint a candidate to replace him in the Mombasa Gubernatorial race.
In question was Sonko’s eligibility to run for governor of Mombasa after being impeached by the County Assembly of Nairobi.
While IEBC and DRC’s legal teams fought back to demonstrate that the former Nairobi Governor is ineligible to run for the position, Sonko’s legal team argued that the IEBC Disputes Resolutions Committee erred in its decision to disqualify the former Governor from running and pleaded with the judges to grant Sonko’s request.
The court noted that there being a pending appeal at the Supreme Court regarding Sonko’s impeachment, the electoral agency move to reject his papers is unconstitutional.
Sonko, who is the Wiper Democratic Movement party candidate, had been disqualified by IEBC’s Disputes Resolutions Committee.
IEBC has requested to launch an appeal against the said judgement.