Independent Electoral and Boundaries Commission (IEBC) has been momentarily barred from handling Wiper Party’s Mike Sonko's nomination papers to vie for Mombasa governor.
Sitting at the Mombasa High Court, Justice John Mativo also blocked IEBC from clearing Sonko to seek an elective seat in the August 9 General Election.
Mativo says the orders will be in force until a petition filed by three civil society organisations seeking to block the former Nairobi governor from vying is determined.
Transparency International, Kituo Cha Sheria and Haki Yetu argued that the conservatory orders were needed as IEBC was likely to clear Sonko to vie after nomination by Wiper.
"The election calendar is time-bound and there is a likelihood that if the interim order is not granted and this case dealt with expeditiously, IEBC is likely to clear Mr Sonko and have his name on the ballot paper for election into the office of the Governor Mombasa on August 9," they argued in their petition.
They also argued, in their petition, that Sonko was ousted for breaching the Constitution by failing to promote public confidence in the integrity in the office of governor among others.
The petition stated, “Having been found unsuitable to hold the office of the Governor of Nairobi City County, Mr Sonko is equally unsuitable to hold any other state office.”
In their petition, the three civil society organisations have sued former Makadara lawmaker and Nairobi Senator, his Wiper Party and IEBC over his bid for the Mombasa governor seat.
Two more petitions have been filed in Mombasa and Eldoret seeking to have IEBC disqualify Sonko from vying in the Mombasa gubernatorial race since he was impeached in Nairobi.
They opposed Sonko’s bid for the Mombasa seat on Kalonzo Musyoka’s Wiper Party ticket despite being disqualified by Article 75 (3) of the Constitution from holding state office.
In the petition, Munira Ali of Haki Yetu argued that Sonko’s bid backed by Wiper will effectively turn Mombasa County into a dumping site for leaders rejected elsewhere.
The case has been set for mention on May 24, 2022 for the judge to issue directions.