Mombasa High Court will on Tuesday decide on a case in which Ex-Nairobi Governor Mike Sonko wants IEBC boss Wafula Chebukati committed to civil jail for contempt.
This was after the Independent Electoral and Boundaries Commission (IEBC) chairman and Mombasa returning officer Swalhah Yusuf revoked Sonko's earlier clearance for the Mombasa gubernatorial race.
The electoral body acted fast after the Supreme Court ruled that the Wiper Party member was properly impeached as governor of Nairobi.
Sonko however, moved to court challenging the revocation, asking the the court to commit Chebukati and Mombasa County returning officer for deliberate disobedience of the judgment and order of this honourable court on July 13, 2022.
In his petition, Sonko claims the revocation was done after he had filed an application for review of the Supreme Court judgment that confirmed his impeachment.
“This revocation was done notwithstanding the 1st and 3rd respondents (Ms Yusuf and IEBC) having knowledge of the existence of both the review and reference, the same having been served upon them by email, WhatsApp and letters,” read the petition.
Sonko held that his candidature is still valid on the basis of Article 193(3) of the constitution and therefore the revocation by Mombasa returning officer Yusuf is untimely.
“With regard to the above we therefore wish to inform you that your revocation dated 18 July 2022 is illegal and void ab initio without directions of the High Court at Mombasa,” the court papers read.
According to Sonko he is still protected by the constitution and can vie for the Mombasa gubernatorial seat with a pending review in court.
“It is evidently clear that, Hon MIKE MBIVU SONKO is protected by the Constitution and until he exhausts all appeal mechanisms he does not stand disqualified as you industriously wish to purport,” the court papers read.
