• Chebukati said the commission will not be appealing the decision due to serious time constraints facing them including the printing of ballot papers.
• The electoral commission said the printing of all ballot papers will be completed by Friday, July 15.
Image: FILE
Former Nairobi Governor Mike Sonko’s presence in the Mombasa Governor race will be determined by the Supreme Court ruling on his impeachment case, electoral commission chairman Wafula Chebukati has said.
The Independent Electoral and Boundaries Commission chairman said this following Wednesday's ruling that gave Sonko a lifeline.
Judges Olga Sewe, Ann Ong'injo' and Stephen Githiniji argued the electoral commission violated the rights of the petitioner (Sonko) and directed IEBC to gazette him for the race.
Following the ruling, IEBC has said they will appeal against the judgement.
However, during an interview on Wednesday, Chebukati said the commission will not be appealing the decision due to serious time constraints facing them, which include the printing of ballot papers.
“On Sonko’s ruling, it will have to be enforced and complied with. But that notwithstanding, I’m aware the issue around impeachment is at the Supreme Court and will be heard perhaps tomorrow (Thursday). In future, there will be clarity along that line,” Chebukati said.
He said the printing of all ballot papers will be completed by Friday, July 15 and moving to court over the decision will be a setback.
“As a commission how we operate, we follow the law and implement court orders as they come. We don’t have a choice on that. With 26 days to the election, we must finish printing ballot papers. Actually, we are even late in making changes to the ballot papers,” Chebukati noted.
Chekubati had previously disqualified Sonko from the race on the grounds of his previous impeachment.
IEBC then moved to clear and gazette seven candidates: Abdulswamad Nassir (ODM), Hezron Awiti (VDP), Hassan Omar (UDA), William Kingi (PAA), Daniel Kitsao (Independent), Shafii Makazi (UPIA) and Said Abdhalla (Usawa) for the Mombassa governor race.
Following the IEBC move, Sonko sued the commission for disqualifying him from the Mombasa race.
On June 23, Sonko moved to court to stop the Wiper Party from submitting the names of other candidates and, at the same time, stop IEBC from gazetting and printing the ballots for the Mombasa governor race until his petition is heard and determined.
However, on June 24, Mombasa High Court Judge Olga Sewe declined to issue conservatory orders to stop IEBC from proceeding with the gazettement and printing of ballot papers.
Sewe forwarded the file to Chief Justice Martha Koome to empanel a bench that will hear the petition to its logical conclusion.
Last week Monday, the three-judge bench issued the interim orders against IEBC to stop gazettement and printing of ballot papers, pending a petition filed by Sonko.
However, during the Monday afternoon session, IEBC lawyer Mukele told the court they are in dilemma following the orders that had been issued in the morning.
The electoral commission said the printing of all ballot papers will be completed by Friday, July 15.
Chebukati asked the Judiciary to fast-track pending petitions so as not to delay electoral timelines.