The Independent Electoral and Boundaries Commission (IEBC) Monday told the High Court that Wiper party has replaced former Nairobi Governor Mike Sonko with Kisauni MP Ali Mbogo as its Mombasa gubernatorial candidate.
Through lawyer Edwin Mukele, the electoral body told a three judge bench that the party submitted Mbogo’s name as its gubernatorial candidate with Sonko as running mate.
Mukele told Justices Olga Sewe, Ann Onginjo and Erastus Githinji that IEBC has moved ahead and forwarded the changes to the government printer for gazettement of the new changes.
The judges heard that Wiper party made the changes pursuant to a judgment issued by IEBC dispute resolution Committee that dismissed Sonko’s appeal after failing to be cleared by the county returning officer Ibrahim Yusuf.
Mukele told the court that his client has also started the process of printing ballot papers of the candidate seeking elective positions in the country.
“I am seeking clarification on three issues. The status of application for the conservatory order and that the Wiper Party has already nominated Ali Mbogo as its candidate with Mike Sonko as the running mate,” added Mukele.
He added: “My client has also entered into a commercial agreement for the printing of ballot papers with respect to candidates contesting Mombasa county governor’s seat and others.”
The lawyer told the judges that their decision to issue an interim order stopping IEBC from printing ballot papers for the Mombasa governor race has put his client into a state of dilemma.
The judges had earlier issued the interim order pending hearing and determination of a petition filed by Sonko challenging IEBC tribunal to uphold the decision not to clear him to run for the gubernatorial seat.
“That interim orders be and is hereby given that conservatory orders be and hereby granted to restrain the third respondent(IEBC) from publishing in the Kenya gazette any candidate in respect of position of Governor Mombasa county pending hearing and determination of the application 22/6/2022 and the petition,” ordered the judge.
They further issued a conservatory order of injunction restraining the IEBC from printing ballot papers in respect of Mombasa county gubernatorial candidate pending hearing and determination of Sonko’s application.
The court restrained the Wiper Party from nominating any other candidate from the position of Governor Mombasa County pending hearing and determination of the application.
Meanwhile, the three judge bench is scheduled to make a ruling in an application filed by two private citizens seeking to be enjoined in the case by Sonko.
Sonko’s lawyers led by Mr John Khaminwa objected the application stating that the applicants are busy bodies seeking to derail the judges from hearing and determining the case.
Sonko is seeking to overturn IEBC Dispute Resolution Committee’s decision to bar him from vying for the Mombasa Governor seat.
A Mombasa High Court had last month declined to issue conservatory orders to stop IEBC from proceeding with the gazettement and printing of ballot papers for the Mombasa governor race.
Sonko had filed a petition seeking nine orders against Independent Electoral and Boundaries Commission (IEBC) Mombasa Returning officer Swalha Yusuf, IEBC Dispute Resolution Committee and the Wiper Party.
In his application, Sonko asked the court to restrain IEBC from gazetting the governor candidates, the printing of ballot papers, and compelling IEBC to give them copies of the degree of all the governor candidates who have been cleared to run in the country.
Sonko also asked the court to restrain the Wiper party from nominating any other person as their governor candidate for Mombasa, pending a hearing and determination of the matter.
