Nairobi — Embattled former Nairobi governor Mike Sonko has now gone to court under a certificate of emergency to challenge the decision by the Independent Electoral and Boundary Commission (IEBC) to disqualify him from the Mombasa gubernatorial election.
The matter, which has since been referred to the judge, comes more than 10 days after the Supreme Court’s ruling upheld his removal from office as governor of Nairobi.
“In accordance with the Supreme Court’s ruling, you are therefore disqualified from holding public office and therefore from contesting and being elected governor of Mombasa County or any other county,” Swalhah Yusuf, Commission Elections Officer in Mombasa, said in a letter dated March 18. July.
In the new petition, however, Sonko argued that by the time the elections board revoked his certification, he had already sought a review from the Supreme Court as well as the East African Court.
Sonko further described the Wafula Chebukati-led commission’s decision as irrational and unreasonable.
He added that the decision was made without considering his rights and the rights of Mombasa County voters.
“The contested decision was made in an opaque and arbitrary manner and there is no explanation as to what criteria guided the process, considering that the 1st no such law was invoked by the 1st Respondent in support of her unlawful and unlawful act ‘ the petition from Sonko’s attorneys said in part.
On July 16, Sonko sought a review of the Supreme Court’s decision to uphold his 2020 impeachment, calling the verdict a miscarriage of justice.
Sonko faulted the apex court while questioning the expansion of the bench deciding the matter from five justices to all seven Supreme Court justices.
“You violated my rights and that’s why we requested a review. All I want is a fair hearing and due process so I can get justice,” Sonko said.
He also denied Chief Justice Martha Koome’s appointment to the bench and said he had already publicly commented on the matter outside of court.
Sonko alluded to a media interview in which CJ Koome said indicted governors are not allowed to appeal until their charges are overturned by the court.
He argued that Koome’s comments were an indication that she had already taken sides.
“She shouldn’t have sat on the bench on my issue because she had already formed her mind that Sonko shouldn’t be on the ballot,” Sonko explained.
He also wondered how Sirisia MP John Waluke was admitted to the competition despite his conviction, but is denied justice in similar circumstances.