Two individuals have filed a petition in court seeking to bar the former Governor for Nairobi City County Mike Sonko from contesting in the Mombasa gubernatorial race during the August general election.
George Odhiambo and Ndoro Kayuga argued Sonko is disqualified from vying and being elected into the office of Mombasa governor or holding public office after he was impeached.
“The 1st Respondent, having been impeached and removed from the office of the Governor of Nairobi City County, is disqualified from vying for and being elected into the office of the Governor of Mombasa County and from holding any other State office by virtue of Article 75 (3) of the Constitution,” the petition reads.
They also opined that Sonko’s nomination by the Wiper party and his acceptance of the nomination, despite being disqualified constitutionally violates their constitutional rights to free and fair elections.
“The 1st Respondent and the 1st Respondent's decision to accept the nomination despite being disqualified by the Constitution is in violation of the Petitioners' constitutional rights to free, fair and regular elections as guaranteed by Article 38 (2) of the Constitution,” the petition read in part.
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The petitioners argued that Sonko will not suffer any prejudice if he is barred from vying in the August election.
In December 2000, the Nairobi County Assembly impeached Sonko over allegations of abuse of office and gross misconduct.
The Wiper party handed Sonko a direct ticket to vie for the Mombasa gubernatorial seat.
Sonko will face it off for the Mombasa gubernatorial seat on the ballot with Mombasa Senator Hassan Omar who will run on a UDA ticket and the Member of Parliament for Mvita Constituency Abdulswamad Nassir of the Orange Democratic Movement (ODM).