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Sonko’s nomination revoked, top lawyers rubbish EACJ appeal

Sonko’s nomination revoked, top lawyers rubbish EACJ appeal
Former Nairobi Governor Mike Sonko. PHOTO/Mike Sonko/Facebook

The electoral commission yesterday revoked the nomination of Mike Sonko to run for Mombasa governor even as he moved to the East African Court of Justice (EACJ) to seek redress.

Simultaneously, Sonko filed a petition for a review of the Supreme Court’s ruling that cut short his political ambitions.

Following the apex court’s decision which upheld his impeachment as Nairobi governor by the County Assembly and the Senate, Sonko will not be eligible to hold any public office.

On December 20, 2020, the Senate approved Sonko’s impeachment by the Nairobi County Assembly.

EACJ move

Yesterday, the Independent Electoral and Boundaries Commission (IEBC) revoked the nomination of Sonko and his running mate Ali Mbogo by Wiper party, citing the Supreme Court ruling.

“In adherence to the Supreme Court judgment, you (Sonko) 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 a statement by IEBC.

The commission’s decision came a few hours after Sonko moved to the EACJ to challenge the Supreme Court’s decision to uphold his impeachment.

But in a suit filed under a certificate of urgency at the regional court, Sonko claims his rights were prejudiced by the decisions of the top court.

Sonko’s decision to seek justice in the regional court may not have any effect on the Supreme Court’s ruling, two Senior Counsel have argued.

Philip Murgor and Fred Ojiambo described Sonko’s decision as “a waste of time”.

“Moving to EACJ is simply academic as it has no consequential effects,” Murgor observed.

The two senior lawyers concurred that EACJ does not have any jurisdiction over the Supreme court on matters related to election petitions other than providing an advisory opinion that is not binding.

“To me that is a waste of time and trying to take Kenyans in circles because I highly doubt if the EACJ has the jurisdiction to overrule a matter that has been determined by the highest court in Kenya. The sovereignty of each member state must not only be protected but also respected,” Ojiambo told the People Daily in a phone interview.

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