A Mombasa High Court has issued interim orders barring the IEBC from printing ballot papers for the Mombasa governorship election, pending the hearing and determination of a petition filed by former Nairobi Governor Mike Sonko.
The three-judge bench also issued conservatory orders, blocking the Electoral Commission from gazzetting the names of the candidates in the Mombasa governorship race.
The judges, Justices Olga Sewe, Ann Ong’injo’, and S. Githinji, barred the Wiper Party from nominating another candidate until the petition was heard.
Sonko is attempting to overturn the IEBC Dispute Resolution Committee’s decision to bar him from running for Governor of Mombasa.
The hearing will resume at 2 p.m.
Last month, a Mombasa High Court refused to issue conservatory orders to stop the 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 the IEBC’s Mombasa Returning Officer Swalha Yusuf, the IEBC Dispute Resolution Committee, and the Wiper Party.
Sonko asked the court to stop IEBC from gazetteing governor candidates, printing ballot papers, and compelling IEBC to give them copies of all governor candidates who have been cleared to run in the country.
Sonko also asked the court to prevent the Wiper party from nominating anyone else as their governor candidate for Mombasa until the case is heard and decided.
However, in his decision, Mombasa High Court Judge Olga Sewe declined to issue conservatory orders of injunction against IEBC and Wiper party, as requested by Sonko.
“I have looked at the petition and the documents filed in support and those particular prayers and supporting affidavits. Those prayers have far-reaching consequences if those orders are granted,” said Olga.
“In my careful consideration, I decline to issue orders sought until the respondents submit their responses,” he ruled.
He then forwarded the file to Chief Justice Martha Koome, who appointed a bench to hear the petition all the way through.
