An Eldoret-based court has ordered the Independent Electoral and Boundaries Commission (IEBC) against clearing the former Nairobi Governor Mike Sonko and former Kiambu Governor Ferdinand Waititu to take part in the August general election.
This follows a petition by one Sylvester Kipkemoi who moved to court on grounds of the suitability and eligibility of the two politicians who were impeached from office.
Kipkemoi wanted IEBC and officers working for the commission to be barred from clearing Sonko and Waititu to vie for any elective seat or print any ballot papers bearing their names or symbols.
Justice Reuben Nyakundi ordered that IEBC stop any further engagements with Sonko or Waititu regarding the August general election pending the hearing of May 13, 2022.
“Given the statutory and constitutional timelines of our electoral cycle, an interim interdict grounded on relief No.2 of the application do issue against the second respondent (IEBC) pending the hearing,” the court documents read.
Kipkepmoi asked the court to issue conservatory orders restraining IEBC from clearing Sonko and Waititu from contesting in the August elections pending an inter-parties hearing and determination of the petition.
The court further ordered that the parties in the petition be served with the papers informing the case.
Justice Nyakundi also certified the case as urgent, citing its importance to the public interest.
"There is a compelling sense of urgency for the court to consider the issues raised in the petition given their public interest importance. As such, the application dated May 6 is certified as urgent ex-parte in the first instance," Nyakundi ruled.
In this case, Sonko, Waititu and Kenya Human Rights Commission are named as the interested parties.
Nyakundi’s ruling seems to resonate with the Director of Public Prosecutions Noordin Haji’s sentiments in which he stated it would be a fundamental mistake to allow impeached governors to vie for office
Waititu was impeached on January 29, 2020, while Sonko was impeached on December 18, 2020, both on charges related to gross violation of the constitution, abuse of office, gross misconduct and crimes under national law.
Sonko is looking forward to vying for the Mombasa gubernatorial seat while Waititu was eyeing the Kiambu gubernatorial seat.
The court’s decision may as well have pushed Sonko, who was recently given a direct nomination to vie for the Mombasa governor’s seat by Kalonzo Musyoka’s Wiper party to the end of his political rope.