The High Court in Mombasa has directed that IEBC’s decision to disqualify former Nairobi Governor, Mike Mbuvi Sonko from the August elections be forwarded to the Chief Justice for appointment of a new bench that will hear and determine the petition.
In the case, Sonko wants the court to bar the electoral commission IEBC from publishing in the Kenya Gazette any candidate in respect to the position of Governor for Mombasa County.
He maintains that he submitted his documents before the returning officer Mombasa County on time for nomination.
The former Governor claims that he presented himself at 2:30 pm with the required documents as per the commission checklist.
He is accusing the Returning Officer of declining to admit pleadings showing that he has a pending appeal before the Supreme Court.
Sonko was disqualified from the August elections in line with Article 75(3) of the Constitution which states: “A person who is removed from office on contravention of Chapter 6 of the Constitution is disqualified from holding any other State or public office whether elective or appointive.”
On Wednesday, June 22 Supreme Court Registrar Letizia Wachira confirmed that former Nairobi Governor Mike Mbuvi Sonko filed an appeal challenging his impeachment on time.
In a letter dated June 21, 2022, Wachira says the appeal was lodged in the court system on May 4 and the hard copy of the petition was presented to the registry on May 20, 2022.
Last week a complaint filed before the IEBC Disputes Resolution Committee by Wiper party and Mike Mbuvi Sonko was dismissed.