BY SAM ALFAN.
Former Nairobi Governor Mike Mbuvi Sonko has been handed a political lifeline after the High Court lifted orders barring them from contesting in the forthcoming polls.
A three judge bench lifted orders barring the Independent Electoral and Boundaries Commission from clearing them to vie, over claims that they had been impeached.
Justices David Majanja, Chacha Mwita and Mugure Thande ruled that that issue of eligibility was core subject for determination in the consolidated petitions and the parties ought to be given an opportunity to be heard before orders of that nature were issued.
“The orders denied the IEBC the constitutional mandate to discharge its duty which included deciding whether to accept or decline at the nomination stage. The process is governed by clear constitutional statutory provisions,” ruled the Bench.
The three Judge Bench led by Justice Majanja noted the orders were issued ex-parte and the bench had jurisdiction to review, vary or set them aside.
The bench was formed by Chief Justice Martha Koome, last week on Tuesday to determine cases concerning whether or not candidates with pending integrity should be cleared to vie.
The eight consolidated petitions were filed in various courts challenging the suitability of Mombasa gubernatorial aspirant Mike Sonko Mbuvi impeached by the Senate while serving as Nairobi county boss.
Kiambu Senatorial aspirant Karungo wa Thang’wa was also benefited from the order
Thang’wa is seeking to be the Kiambu senator on an UDA party ticket. IEBC was barred from clearing him on May 25.
In yesterday’s ruling, the court noted it will make a final determination on the issues raised in the consolidated petitions.
The ex-party orders had been issued barring IEBC from receiving, considering and evaluating from, from Sonko and vie for the restraining IEBC from publishing in the Kenyan Gazette Sonko as a candidate pending hearing and determination of the case.
In Mombasa court the orders were issued restraining IEBC from processing Mike Sonko’s to vie for Mombasa Gubernatorial elections pending hearing and determination.
Opinion polls indicates Sonko stands the best chance to be the next Mombasa Governor.