The High Court has declined to bar the Independent Electoral and Boundaries Commission from clearing Mike Sonko to contest in the Mombasa Gubernatorial election.
Two petitioners had sought prayers to stop IEBC from declaring or publishing Sonko in the Kenya gazette as a candidate until a petition challenging his suitability is heard and determined.
Instead, the Court directed that the petition is consolidated with another two similar petitions.
Justice Anthony Mrima said two other cases had been filed in Eldoret and Mombasa and are pending before a three-judge bench constituted by the Chief Justice.
He therefore directed that the petition be forwarded to the Chief Justice for directions.
In their application the petitioners say the Wiper Democratic Movement party is expected to forward Sonko’s name to IEBC on the 28th May 2022 as the party’s candidate for the governor of Mombasa.
“Pending the hearing and determination of this petition, this Honourable Court be pleased to grant a conservatory order restraining IEBC from receiving, considering, evaluating and processing nomination papers from Sonko to contest and vie for the office of the governor Mombasa County,” They argued.
The petitioners say Sonko was removed from the office of the governor of Nairobi County in 2022 by way of impeachment on issues relating to promotion of good governance, integrity, transparency and integrity and is therefore barred from holding any state office.
“Having been removed from office of the governor of Nairobi after being found to have demeaned the office of the governor of Nairobi and having failed to exercise the values and principles of good governance, integrity, transparency and accountability in implementation of the law, the 1st Respondent (Sonko) is unfit to hold any state office,” They argued.