A case filed by former Nairobi governor Mike Mbuvi Sonko challenging the decision by Independent Electoral and Boundaries Commission to bar him from vying has been transferred to the Mombasa High court.
Justice Jairus Ngaah ruled that to the extent that Sonko seeks to vie in the County of Mombasa, the suit filed at Nairobi High Court would be best handled by the High Court sitting in Mombasa.
“I, therefore, direct that the application be transferred to that court forthwith and be mentioned before the Presiding Judge for such orders or directions as the learned judge may deem fit to grant or give. It is so ordered,” he ruled.
Sonko in suit papers claims the Registrar of Political Parties cleared him to contest in the August General Elections for the position of Governor of Mombasa City County but IEBC has denied him the opportunity on the ground that he is an impeached governor.
“The impugned decision citing impeachment as the reason for denial of clearance was evidently made prior to my submission of documentation for the said Mombasa Gubernatorial candidature in the upcoming August 2022 national elections, contrary to principles of fair hearings, fair administrative action, and constitutional basic rights which is unconstitutional, unlawful, illegal and ultra vires,” he says in court documents.
Through lawyer John Khaminwa, Sonko argues that the Independent Electoral and Boundaries Commission took every step or action in the said adjudicative proceedings as unlawful and illegal.
The former governor argues that the impeachment proceedings have not been concluded and are currently pending before the Supreme Court of Kenya and therefore the decision to bar him from vying is premature and prejudicial.
He wanted the court to stay the decision of IEBC pending the hearing and determination of his judicial review application.
