Sonko leads in Mizani poll even as legal cases weigh on him

Sonko is the most popular candidate, with 34.6 percent of the vote, followed by AbdulSwamad Nassir of the Orange Democratic Movement (ODM) with 27.1 percent.

Hassan Omar of the United Democratic Alliance (UDA) came in third with 26.3 percent of the vote in the hotly contested campaign.

It will not be an easy race for Sonko, since legal issues may force him to withdraw.

Chief Justice Martha Koome is expected to give directions on two petitions that have been filed to bar the former Nairobi Governor from vying in Mombasa.

The petitions were referred even as the High Court in Nairobi sent a similar file to Koome to constitute a bench to determine Sonko’s suitability to hold office.

Two petitions were filed separately before a Mombasa High Court – one by two Mombasa residents and another by three civil society organizations.

In the first petition, which was filed on April 25, two Mombasa residents – Ndoro Kayuga and George Odhiambo, had sued to block Sonko from contesting.

They argue that the former governor was removed from office for contravening Article 75 of the Constitution and for behaving in a manner that demeaned the office of a county governor.

On April 27, Kayuga however withdrew from the case, saying it had taken a political trajectory, rather than being legal.

The second petitioner, Odhiambo, however, said he will continue with the matter.
On Tuesday, Mativo allowed Odhiambo to continue with the case, despite Kayuga’s withdrawal.

In the separate case filed by three CSOs, Transparency International, Kituo Cha Sheria, and Haki Yetu, they argued that Sonko had violated the constitution.

The organization said Sonko should not be allowed to contest for any seat.

Justice Mativo was on Wednesday, who was was expected to issue orders on the two cases, said he cannot issue further orders on the matter, since the matter is now with the CJ’s office.

The CJ is now expected to constitute a three-judge bench to hear the matter.
The cases are also expected to be consolidated into one, since they are all challenging Sonko’s chance of being allowed to vie.

Last week, Eldoret High Court judge Justice Reuben Nyakundi directed that the petitions filed in Mombasa, Nairobi, and Eldoret challenging Sonko to be placed before CJ Koome to decide if they will be consolidated and transferred to Mombasa.