BY SAM ALFAN.
Former Nairobi Governor Mike Sonko has written to the Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati threatening to cite him for contempt of court over the decision to remove him from the August 9 race.
Sonko wrote to the electoral body through his lawyers arguing that the revocation of his candidature for Mombasa gubernatorial race was wrong because he has a review pending before the Supreme Court and a petition at the East African Court of Justice.
The Wiper Party gave Chebukati up to close of business on Monday to rescind the decision or face contempt changes.
“Take notice that you are a public servant holding a constitutional office and you are obliged to adhere STRICTLY to the tenets and dictum of the constitution of Kenya which has created your office,” Sonko tells Chebukati.
Through his lawyer, Sonko has told Chebukati that unless the review application and petition pending before East Africa Court of Justice is heard and determined, the decision to bar him is a nullity.
“It is evidently clear that, Hon Mike Sonko is protected by the constitution and until he exhaust all appeal mechanism he does not stand disqualified as you industriously wish to purport,” the letter to Chebukati reads.
Meanwhile, the registrar of the East Africa Court of Justice Francis Okubo has notified Attorney General Kihara Kariuki over the case filed by Sonko and given 45 days to file his response.
“You are hereby notified that the above named applicant has instituted a reference against you, copy of which is annexed hereto. You are required to file response to reference within 45 days from the day of service hereof,” Okubo told attorney general.
The Registrar said the case will be heard without the AG’s participation if he fails to respond within the stated period.
High judge sitting in Kiambu had earlier ruled that if the reason for the refusal to clear the Kiambu senatorial candidate Paul Thang’wa was disqualification under Article 75 of the constitution, the committee ought to have known that the law allows the candidate to exhaust all appeal process.
