The former Nairobi Governor Mike Sonko has lodged a complaint before the Independent Electoral and Boundaries Commission (IEBC) Dispute Resolution Committee objecting to the decision to block him to run for the Mombasa gubernatorial seat.
Sonko claimed the decision by the IEBC Returning Officer was erroneous.
He filed the complaint at the Milimani Law Courts through his lawyer Martin Mbichire, dismissing claims by the commission that he was ineligible because he was impeached from office.
Sonko was impeached as the governor of Nairobi City County in 2020 on alleged gross misconduct.
However, his lawyer argued that the decision to bar him on grounds of his impeachment was unfair since there is a pending appeal on the case in the Supreme Court.
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"The complainant was allegedly disqualified on the grounds of breach of Article 75 of the Constitution yet Article 99(3) and Article 193(3) of the same constitution specifically provides that a person is not disqualified unless all possibility of appeal or review of the relevant decision has been exhausted," Mbichire said.
Sonko also wants the IEBC Dispute Resolution Committee to direct the IEBC to clear him to contest in the August election.
He further said the Returning Officer rejected his application without granting him a hearing.
The former Nairobi governor also wants the Returning Officer cited for contempt of court because he disregarded the orders of the three-judge bench which dismissed the IEBC chairperson’s decision to bar him from being cleared.
The Returning Officer said that the judges' decision did not order the commission to clear Sonko to run for the Mombasa gubernatorial seat.