• Last week, the IEBC Disputes Resolutions Committee upheld the decision by IEBC Mombasa Returning officer to block Sonko, however, the committee gave Wiper 72 hours to appoint Sonko’s replacement.
• In his ruling on Friday evening, Mombasa High Court Judge Olga Sewe declined to issue conservatory orders of injunction as sought by Sonko against IEBC and the Wiper party.
Image: FILE
The former Nairobi governor Mike Sonko on Monday suffered yet another blow after a Mombasa High Court declined to issue conservatory orders to stop IEBC from proceeding with the gazettement and printing of ballot papers for the Mombasa governor race.
On Thursday, Sonko 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 prayers, Sonko asked the court to restrain IEBC from gazetting the governor candidates, printing of ballot papers, and compelling IEBC to give them the 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.
Last week, the IEBC Disputes Resolutions Committee upheld the decision by Mombasa Returning officer to block Sonko, however, the committee gave Wiper 72 hours to appoint Sonko’s replacement.
In his ruling on Friday evening, Mombasa High Court Judge Olga Sewe declined to issue conservatory orders of injunction as sought by Sonko against IEBC and Wiper party.
“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,” said Olga.
She forwarded the file to Chief Justice Martha Koome to empanel a bench that will hear the petition to its logical conclusion.
“I’m of the considered view of empanelling the multi-bench by the Chief Justice. This file should therefore be transmitted to the Chief Justice for the empanelling of the bench,” said Olga.
She further directed that all the four respondents; Swalha, IEBC Dispute Resolution Committee, IEBC, and Wiper party submit their responses by Tuesday next week.
“All respondents must submit their responses by Tuesday as we await directions from the Chief Justice,” she said.
During the hearing of the petition, Counsel Edwin Mukele, representing the IEBC and IEBC Dispute Resolution Committee, had requested 10 days for his clients to respond to the petition filed by Sonko.
Mukele said the Sonko had filed a voluminous case that would require time to go through before responding.
"The petitioner has over 200 pages of the application, which was filed yesterday. I was just instructed about the petition this morning. Thus, my clients need time to go through the application and respond substantively," Mukele told the court.
Sonko's legal team of Wilfred Nyamu, Jared Magolo, Dr John Khaminwa, Derrick Odhiambo, Titus Kirui, and Edward Cheruiyot had opposed the ten days requested by the IEBC, saying time is fast running out against the election deadline.
"The respondents have to allocate time for this petition. We have just 45 days until the election," said Nyamu.
Sonko's legal team requested the court to grant interim orders to give their client a level playing field with other governor hopefuls in Mombasa and to protect his eligibility.
The lawyers, while arguing out their case, invoked the sovereignty of the citizens in the country, and asked that the very people be allowed to practice their sovereignty by choosing people of their choice to be their representatives.
"IEBC should protect the sovereignty of the people and allow the people of Mombasa to elect the candidate of their choice," said Nyamu.
While persuading the court to grant the interim orders asked for, Nyamu said the case is of public interest with a high degree of urgency.
Khaminwa asked Justice Osewe to invoke her powers and authority to ensure the case is determined in the shortest time possible.
"With great respect, my lady, time is of the essence in this case. It needs to be determined soonest. Tuesday would be appropriate," Khaminwa submitted to the court.
Mukele said the electoral commission would abide by the orders given by the court.
IEBC counsel said the request by the petitioner to be given the academic certificates for each candidate for governor in Kenya would be impractical.
"That order is very wide and not practical. The challenge here doesn't relate to the governor candidates of Kakamega or Kisumu," he said.
Mukele said he had requested 10 days "not because it's fashionable, but because of their tight schedules and need for a substantive response.