Former Nairobi Governor Mike Sonko will file his papers with the Independent Electoral and Boundaries Commission (IEBC) on Tuesday in order to run for Governor of Mombasa.
Sonko’s lawyers, lead by Senior Counsel John Khaminwa, made the declaration Monday evening, shortly after obtaining a temporary injunction postponing the IEBC’s decision to bar him from contesting.
Sonko’s fundamental right to run for Governor of Mombasa, according to one of the lawyers, Odhiambo, cannot be wished away.
“We shall be in Mombasa tomorrow, we shall present nomination papers and God willing we shall be there on August 9, 2022,” one of his lawyers said.
He further claimed that impeachment is a political procedure and cannot be equated to criminal procedure or any other process.
“As far as we are concerned Sonko has not been impeached because that’s a process that’s still ongoing. People should hold their horses until we are done,” he stated.
Lawyer Khaminwa faulted Chebukati for excluding Sonko from the race, saying Sonko is being punished using the law.
“What Chebukati is doing is wrong, issuing statements purporting to uphold the law that will bring problems to this country, ” he said.
On his part Sonko accused Chebukati of applying the law selectively.
Sonko, for one, accused Chebukati of selectively applying the law.
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.