2022 ElectionsNEWS

High court dismisses petition on integrity against Sonko

A three-judge bench consisting of justice David Majanja, Chacha Mwita, and Mugure Thande noted the cases on integrity that touched on former Nairobi Governor Mike Sonko, Kiambu Senate aspirant Karungo Thang’wa, and Nakuru Town West MP Samuel Arama were presented to court prematurely.

The judges said such disputes are supposed to be filed before the Independent Electoral and Boundaries Commission (IEBC) before invoking the jurisdiction of the High Court.

“Pre-election disputes such as those regarding suitability and eligibility for the nomination of candidates must be resolved by the IEBC in the first instance. The High Court’s jurisdiction is only triggered once the IEBC makes a decision on the issue,” the judges said in a ruling

“We find and hold that petitions relating to the nomination process concerning Miko Sonko, Paul Thang’wa, and Samuel Arama are premature. We, therefore, decline jurisdiction.”

Activist Okiya Omtatah, Kenya Human Rights Commission (KHRC), and Transparency International Kenya were among petitioners in the case with IEBC, Wiper party, and EACC listed as correspondents.

During the Hearing, IEBC through its lawyer Edwin Mukele argued that IEBC is the only body mandated to handle nomination disputes surrounding Sonko’s candidature.

On his part, Sonko through his lawyers argued he was fully entitled to present himself for nomination and that he did not violate anyone’s political rights by doing so.

Thang’wa told the court that there was no evidence of his impeachment or removal from office thus the claims that he is not suitable to vie for office are unfounded.

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