Wiper party Mombasa gubernatorial candidate Mike Sonko can breathe easy after a Mombasa High Court ordered the IEBC to accept his nomination papers.
The court also ordered the electoral agency to gazette Sonko.
The court also found that the Wafula Chebukati-led commission acted unreasonably by disqualifying the former Nairobi Governor.
“They violated the Constitution and rushed with the announcement,” the court ruled.
The three-judge bench consisting of Olga Sewe, Ann Ong’injo’ and Stephen Githinji, stated that the electoral agency’s decision to reject Sonko’s papers violated the constitution because an appeal against his impeachment was pending at the Supreme Court.
“As a result, the petition is allowed and prayers granted, and the third respondent (IEBC) is directed to accept nomination papers presented by the petitioner (Sonko),” read the ruling.
Sonko through his lawyer, John Khaminwa, contended that the decision by the electoral board to disqualify him was inappropriate, illegitimate, and out of bounds.
The former Makadara MP went on to say that it is unfair to disqualify him from running because of his impeachment, claiming that the Supreme Court is still hearing his case and that his impeachment processes have not yet come to a finish.
Sonko and former Kiambu Chief Executive Committee Member for Youth Karungo wa Thang’wa, who has since been cleared to vie for the Kiambu senatorial seat, had been barred from contesting in the August polls.
The two were forced out of government due to integrity issues, as specified in Chapter 6 of the constitution, and as such, according to IEBC Chairman Wafula Chebukati, they were ineligible to compete for public office.
Sonko will now vie for the Mombasa governorship alongside UDA’s Hassan Omar, Abdulswamad Shariff Nassir (ODM), William Kingi (PAA), Daniel Munga Kitsao (Independent), Hezron Awiti (VDP), Said Abdalla (Usawa Kwa Wote), Shafii Makazi (UPIA) and Antony Chitavi (UDP).