Former Nairobi Governor Mike Sonko has filed a lawsuit against the Independent Electoral and Boundaries Commission (IEBC) for preventing him from running for governor of Mombasa.
Sonko argued, through his lawyer John Khaminwa, that the electoral body’s decision to prohibit him was inappropriate, unprocedural, and illegal.
Sonko further claimed that excluding him from running because of his impeachment is detrimental, claiming that his impeachment processes have not been completed and are now pending before the Supreme Court.
“The respondents’ decisions to exclude the applicant from vying for a gubernatorial seat in the 2022 elections are premature and prejudicial and they individually and collectively are oppressive and have already caused irredeemable damage to the applicant,” reads the suit.
Sonko was barred together with two other impeached leaders: Karungo wa Thang’wa, a former Kiambu Chief Executive Committee Member for Youth, and Chitavi Mkala, the former Chief Executive Officer of Malindi Water and Sewerage Company Ltd.
Chebukati said that the disqualification applies to anyone fired for violating the Constitution’s Articles 76, 77, or 78 (2).
He noted that the trio are unable to compete for public office because they were removed from office due to ethics violations, as stipulated by Chapter 6 of the constitution.
“The reason for disqualification was and remains that he was removed from office for abuse of public office,” Chebukati said while responding on Sonko’s issue.
“A person who has been fired or otherwise removed from office for a violation of the provisions stated in clause (2) is ineligible from holding any other State office,” according to Article 75(3).
Those with open cases in court, however, will be presumed innocent until all pending appeals are resolved, according to Chebukati.