The High Court has dismissed the case by Mike Sonko to have the Independent Electoral and Boundaries Commission (EBC) chairman Wafula Chebukati held in contempt for failing to clear him to vie for the governorship seat despite a pending case in court.
The Mombasa High Court ruled the Supreme Court ruling had found the Wiper party Mombasa gubernatorial hopeful lawfully unfit to hold public office.
“Judges noted that Supreme Court found Sonko CONSTITUTIONALLY UNFIT to ever hold any public office,” read the ruling.
Sonko moved to institute contempt proceedings against Chebukati and Mombasa returning officer Swalhah Yusuf for striking him off the Mombasa gubernatorial race.
Through his legal counsel, Sonko held his candidature is still valid on the basis of Article 193(3) of the constitution and therefore the revocation by Mombasa returning officer Yusuf is untimely.
“With regard to the above, we, therefore, wish to inform you that your revocation dated 18 July 2022 is illegal and void ab initio without directions of the High Court at Mombasa,” the court papers read.
According to Sonko he is still protected by the constitution and can vie for the Mombasa gubernatorial seat with a pending review in court.
“It is evidently clear that Hon MIKE MBIVU SONKO is protected by the Constitution and until he exhausts all appeal mechanism he does not stand disqualified as you industriously wish to purport,” the court papers read.
The ex-Nairobi Governor told the poll agency that until the review is heard and determined then the notice letter invalidating his candidature doesn’t hold water.
.“We demand that you revoke unconditionally the contents of the said letter and Gazette our client to vie. Take note that you are a public servant holding a Constitutional office and you are obliged to adhere strictly to the tenets and dictum of the Constitution of Kenya which has created your office,” the court papers read.
The electoral body revoked Sonko’s candidature in the Mombasa Gubernatorial race following the Supreme Court ruling that upheld his impeachment as Nairobi Governor.
“In adherence to the Supreme Court judgment, you are, therefore, disqualified from holding any public office and thus disqualified from contesting and being elected as the Governor of Mombasa County or any other county,” IEBC’s letter to Sonko stated.