NAIROBI, Kenya, July 18 (Reuters) – The Independent Electoral and Boundaries Commission (IEBC) has revoked Mike Sonko’s candidacy for the gubernatorial race in Mombasa after the Supreme Court ruled his impeachment was upheld as governor of Nairobi.
The decision to revoke his nomination certificate, issued just last week, was communicated by Swalhah Yusuf, Commission Elections Officer in Mombasa.
“In accordance with the Supreme Court ruling, you are therefore disqualified from holding public office and from contesting and being elected governor of Mombasa County or any other county,” he said in the July 18 letter.
“Your candidacy is invalid and your certificate revoked,” he said.
Yusuf, who acquitted Sonko vie last week, said the Supreme Court allowed the nomination on the basis of Article 193(3) as an appeal to the Supreme Court was pending.
After the colonel confirmed his impeachment, Sonko was disqualified, he said.
But Sonko doesn’t accept that decision, having already filed a lawsuit at the East Africa Court of Justice in Arusha, Tanzania, to overturn the Supreme Court’s ruling, which he called “unfair.”
And although Sonko’s counsel argues that the Supreme Court did not overturn the Supreme Court orders ordering its release, the IEBC believes the Supreme Court acted within the law for an appeal.
According to the Electoral Commission, the motion to revoke Sonko’s license also depended on Article 75(3) of the constitution.
According to Article 75(3), a person “who has been dismissed or otherwise removed from office for violation of the provisions set forth in paragraph (2) shall be barred from holding any other government office.”
After violating Article 192(2) of the Constitution by violating Chapter Six of the Constitution, the IEBC stated that this could spell the end for Sonko as he is prohibited by law from running for office as a member of the to stand for election at the congregational meeting.
“I would like to draw your attention to the fact that on July 15 the Kenyan Supreme Court ruled on appeal that your removal from office was procedurally fair and in accordance with the Constitution, that you were in breach of the provision of the Chapter Six has been removed and that you have exhausted all avenues of appeal,” said the Mombasa Elections Commissioner.
In confirming Sonko’s impeachment, the seven-member court dismissed allegations by Sonko’s legal team that the impeachment proceedings before the county assembly and the Senate violated the law.
The court found that the two legislatures carried out the impeachment in accordance with Article 181 of the Constitution, Section 33 of the County Governments Act and their respective Rules of Procedure.
The bench, led by Chief Justice Martha Koome, also ruled that the complainant — Sonko — was given adequate time to respond to the charges against him.
The Koome-led bank said the county assembly and Senate conducted sufficient public participation after announcing the proposed impeachment in local newspapers and allowing memoranda to be submitted.