The decision as to whether or not Former Nairobi Governor Mike Mbuvi Sonko will be on the ballot for the Mombasa governor’s seat now appears confirmed.
This is after the Independent Electoral and Boundaries Commission announced the disqualification of Sonko from contesting in next month’s elections.
In a letter to Sonko Monday, IEBC Mombasa Returning Officer Swalhah Ibrahim Yusuf indicated that she revoked his registration certificate after the Supreme Court rendered its judgment on his eligibility given his removal from office in 2020.
“I wish to draw your attention to the fact that on 15th July 2022, the Supreme Court of Kenya in the subject of the appeal held that your impeachment was procedurally fair and in accordance with the constitution, that you were removed from office for contravening the provision of Chapter Six of the constitution and that to have exhausted all possibilities of appeal f review of your impeachment,” Swalhah told the embattled ex-county chief
In their ruling, Supreme Court judges noted that Sonko’s impeachment was in compliance with the constitution and the law.
“It bears mentioning in conclusion that Chapter Six of the constitution was not enacted in vain or for cosmetic reasons. The authority assigned to a state officer is a public trust to be exercised in a manner that demonstrates respect for the people; brings honour to the nation and dignity to the office, and promotes public confidence in the integrity of the office. It vests in the state officer the responsibility to serve the people, rather than the power to rule them,” the judges said
“In adherence to Supreme Court judgment, you are therefore disqualified from holding public office and thus disqualified from contesting and being elected as the governor of Mombasa County or any other county,”
“Your candidature is invalidated and your certificate revoked,” the County Returning Officer informed Sonko
Swalhah indicated that she had cleared Sonko to contest the seat and issued him with a certificate because the High Court had ordered the electoral agency to do so.
“The main ground as to why the High Court allowed your registration as a candidate was the presence of the appeal in the Supreme Court.” She explained
Considering the fact that the Supreme Court is the apex court in terms of judiciary hierarchy, Swalhah noted that Sonko has no other avenue to appeal the decision and that his fate has been sealed.
The decision comes hours after has filed a case at the East African Court of Justice to protest Friday’s decision by the Supreme Court of Kenya to uphold his impeachment.