- IEBC said the orders had put the electoral body at crossroads, and if not reviewed, would possibly jeopardise the gubernatorial elections.
- The bench hearing the case decided that the conservatory orders remain in place until the case is heard and determined.
Image: STEVE MOKAYA
The High Court in Mombasa has refused to review orders to bar IEBC from gazetting and printing ballot papers for the Mombasa gubernatorial candidates.
IEBC, through its lawyer Edwin Mukele had filed a petition to vacate the orders.
The conservatory orders were issued by a three-judge bench of Olga Sewe, Ann Ong'injo' and Steve Githinji.
Sonko is challenging IEBC Disputes Resolution Tribunal’s decision to uphold county IEBC returning officer Swalha Yusuf’s move to disqualify him from the gubernatorial race.
Mukele argued that the orders issued on Monday are a big blow to the logistics of the forthcoming elections, as it had a risk of delaying the polls, whose date is definite.
He further said the orders had put the electoral body at crossroads, and if not reviewed it would possibly jeopardise the gubernatorial elections in Mombasa.
On Wednesday, Sonko's lead lawyer Wilfred Nyamu asked the court to confirm the orders before the hearing of the petition filed by Sonko against IEBC starts.
Nyamu argued that reviewing the orders would delay the hearing of the case, which he said was urgent and needed to be disposed of soonest.
"We are eager to prosecute this petition today. We ask that the conservatory orders issued on Monday be confirmed before we continue with the hearing," he said.
Nyamu said Sonko's team had also stopped pursuing the petition to have IEBC supply academic documents relating to all gubernatorial candidates across the country, so as to allow the case to progress fast.
"My ladies and my lord, we are disturbed by the new petition that seeks to set aside the orders," Nyamu said.
"I wish to ask all lawyers to abandon any perception of the sense of entitlement. We are all equal. The petitioner and IEBC are equal before this court and we ask the court to dispose of this matter urgently."
Mukele said IEBC was ready to give priority to the hearing of the case, however, they had not abandoned the application seeking to review the orders issued on Monday.
"We filed that petition of staying the orders pursuant to our client's request," Mukele said.
"However, we are ready to progress with the petition with the submissions before the court. I will engage my client about the issue and see the best way to progress with it."
The bench hearing the case decided that the conservatory orders remain in place until the case is heard and determined.
The judges also agreed to give total priority to the hearing of the case, so that they can deliver judgment on Friday.
On Monday, IEBC revealed that Wiper had on June 24 submitted the name of Ali Mbogo as its governor candidate for the Mombasa governor race.
The party also indicated Sonko would be Mbogo’s running mate.
Mukele told the court Wiper submitted the names within 72 hours, pursuant to the judgment by the Dispute Resolution Committee on June 20.
He told the court they are in dilemma following the orders because IEBC had already gazette all the names of the governor candidates countrywide by June 30.
(Edited by Tabnacha O)