Former Nairobi Governor Mike Sonko will on Tuesday submit his papers at the Independent Electoral and Boundaries Commission (IEBC) to seek clearance to vie for the Mombasa Governor’s seat.
The announcement was made Monday evening by Sonko’s lawyers led by Senior Counsel John Khaminwa, shortly after securing a temporary order suspending IEBC’s decision to him from contesting.
One of the lawyers Odhiambo said that vying for the Mombasa Governor’s seat is Sonko’s fundamental right that 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 was barred alongside other two impeached leaders including former Kiambu Chief Executive Committee Member for Youth Karungo wa Thang’wa and Chitavi Mkala, former Chief Executive Officer of Malindi Water and Sewerage Company Ltd.
Chebukati affirmed that the disqualification is applicable to persons dismissed for offending provisions of Article 76, 77 or 78 (2) of the Constitution.
He explained that the trio aren’t eligible to run for public office after being hounded out of office over integrity issues as stipulated in the Chapter six 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.
Article 75(3) provides that: “A person who has been dismissed or otherwise removed from office for a contravention of the provisions specified in clause (2) is disqualified from holding any other State office.”
Chebukati however clarified that those with active cases in court will be presumed innocent until all active appeals are concluded.