The High Court has granted former Nairobi Governor Mike Sonko a lifeline to run for Mombasa gubernatorial seat in the August 9 poll.
Subsequently, the Independent Electoral and Boundaries Commission (IEBC) has been directed to regard Sonko as dully complied with the legal threshold in respect to clearing gubernatorial candidates.
Justices Olga Sewe, Ann Onginjo and Erastus Githinji ruled that IEBC ignored Sonko’s pending appeal at the Supreme Court challenging his infamous impeachment as Nairobi Governor.
The judges ruled that the petitioner did not exhaust all avenues of appeal against his impeachment as per article 193 (3) of the constitution.
The three judge bench found Mombasa county returning officer Swalha Yusuf Ibrahim, IEBC and its Dispute Resolution Committee(DRC) acted “unreasonably, illogical and unfairly” in their decision to disqualify Sonko.
The court further ruled that Sonko complied with the requirements set out by the IEBC for contesting the position of governor
They further ruled both the returning officer and the tribunal acted beyond their law in their move against Sonko whom the judges found to have presented his degree and its certified copy within IEBC set timelines.
The High Court further declared that the returning officer and the DRC breached several articles of the constitution and other statutory laws related to elections.
They further stated the respondents violated Sonko’s fundamental rights and freedoms in disqualifying him including fair hearing.
Meanwhile, Sonko through lawyer Wilfred Nyamu has filed a contempt of court proceeding against IEBC for its recent decision to gazette candidates in the Mombasa Gubernatorial elections.
The court had issued a conservatory order against the gazettment of the candidates pending hearing and determination of the petition.
On the other hand, IEBC through lawyer Edwin Mukele informed the three judge bench of their intention to appeal against their judgement.
Mukele applied to be served with a certified copy of the judgement and written submissions of parties.
