Wiper Party has filed a case before the Independent Electoral and Boundaries Commission (IEBC) Dispute Tribunal challenging the electoral commission’s decision to bar former Nairobi Governor Mike Sonko from running in the August General Election.
The IEBC refused to clear Sonko to contest for Mombasa gubernatorial seat because he had been impeached from public office.
“The complainant contends that the reason for refusal to clear the interested party on account of breach of Chapter 6 of the constitution is a matter on appeal at the supreme court,” reads court papers.
The party now wants the panel to direct the IEBC to provide nomination papers to Sonko, claiming that there is no legal basis for the commission to reject his bid for the Governorship.
The tribunal has since ordered that the Returning Officer file his reply and appear before it for an inter-party hearing tomorrow.
In disqualifying Sonko, IEBC Chair Wafula Chebukati cited Article 75(3), which provides that “any individual who is removed from office for violating Chapter 6 of the Constitution is barred from holding any other State or public office, whether elected or appointive.”
In the meantime, Wiper leader Kalonzo Musyoka has called the decision to exclude Sonko from the elections an injustice, stating, “The people of Mombasa should not be disenfranchised. You cannot be barred from running for any office. Sonko has an active matter before the supreme court, and all other courts are subordinate to the supreme court.”