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No hope for Sonko as IEBC revokes clearance to vie in Mombasa

The Supreme Court affirmed the former Nairobi Governor's impeachment on Friday.

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by BRIAN ORUTA

News18 July 2022 - 09:24
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In Summary


  • • On Friday, the Supreme Court upheld the Court of Appeal and High Court decision affirming the former Nairobi  Governor's impeachment.
  • • On December 3, 2020, Sonko was impeached by 88 Nairobi Members of the County Assembly.
Former Nairobi Governor Mike Sonko.

The Independent Electoral and Boundaries Commission on Monday revoked Mike Sonko's clearance to vie for Mombasa Governor.

In a statement on Monday, IEBC said the decision had been arrived at following the Apex court's decision that he could not hold any public office due to his impeachment.

"In adherence to the Supreme Court judgement you are therefore disqualified from holding any public office and thus disqualified from contesting and being elected as the governor of Mombasa or any other county. Your candidature is invalidated and your certificate revoked," reads the letter.

On Friday, the Supreme Court upheld the Court of Appeal and High Court decision affirming the former Nairobi  Governor's impeachment.

Two days before the Supreme Court ruling, the Mombasa County Returning Officer Swalhah Ibrahim Yusuf cleared Sonko for the gubernatorial contest, following a court order from the High Court.

The order cited the Supreme Court case saying that the former governor had not exhausted all legal channels, for him to be locked out of the Mombasa race.

The Supreme Court's seven - judge bench led by Chief Justice Martha Koome said they dismissed Sonko's appeal for lack of jurisdiction.

"The Court lacked jurisdiction to determine the appeal. However, in view of the public interest nature of the dispute, the need for due guidance to the judicial process and to the courts below and for the sake of posterity and development of jurisprudence the Court (the majority) has decided to settle all the pertinent questions the appeal raises, instead of downing tools on account of want of jurisdiction," the document reads.

"There were four counts of impeachable charges against the appellant. The County Assembly, the Senate and the two superior courts below were convinced that the charges were proved to the standard required in such circumstances. No error for their analysis and conclusion has been presented."

On December 3, 2020, Sonko was impeached by 88 Nairobi Members of the County Assembly.

The case later proceeded to the Senate, as is required by the Constitution on December 17, 2020, where they upheld the resolution to remove him from office.

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