BY SAM ALFAN.
The High Court has granted Mike Sonko reprieve after allowing him to challenge a decision by the electoral body revoking his nomination as Mombasa Gubernatorial candidate for Wiper Party.
Justice John Onyiego allowed Sonko’s application to challenge the decision of the returning officer for Mombasa county and directed him to file the case within two days, serve it to the electoral body ahead of the hearing on August 3.
“The applicant (Mike Sonko) is hereby granted to apply for an order of certiorari to move into this court for purposes of being quashed , the decision of the 1st respondent ( Mombasa County Returning officer Swalha Yusuf) communicated in her letter dated July 18 ,2022, revoking the registration of the applicant as a candidate for the Mombasa County Gubernatorial election scheduled for August 9,2022,” ruled Judge Onyiego.
The former Nairobi county governor is seeking an order to quash decision the Independent Electoral and Boundaries Commission (IEBC) to revoke his nomination days after clearing him to contest the post.
Sonko wants the High Court to declare that he is eligible to contest the position and IEBC, the Mombasa county returning officer and Wiper Democratic party violated his rights by denying him a chance to go vie for the seat.
“It is in the interest of justice this court intervenes at this juncture to arrest illegality or violation of the constitution ,the law and fundamental freedom and right of the applicant (Mike Sonko) and the general members of the public including the electorate to avoid a constitutional crisis and the unjustified limitation and curtailment of Sonko , people of Mombasa County and Wiper Party fundamental rights ,” says Sonko.
Sonko argued that the commission proceeded to revoke his nomination despite being notified that there was case pending before the Supreme court seeking to review a decision upholding his impeachment and another case filed at the East Africa Court of Justice.
He said he served the IEBC chairman Wafula Chebukati and the returning officer with the petitions.
He terms Chebukati’s move as illegal, unlawful unconstitutional.