Former Nairobi Governor Mike Sonko has been dealt a blow after the Mombasa High Court declined to block a petition challenging his bid for the Mombasa gubernatorial seat.
In a ruling on Tuesday, May 24, Justice John Mativo said that the petitioner, George Odhiambo, will continue with the petition until the case is concluded, despite his wishes to withdraw.
“The court may proceed to hear the petition despite the wishes of the petitioner to discontinue,” Justice Mativo ruled.
Odhiambo had in his petition argued that Sonko was ineligible to hold any public office following his impeachment from office in 2020.
“The first respondent (Mr Sonko) having been impeached and removed from the office of governor Nairobi is disqualified from holding any other state office by virtue of Article 75 (3) of the constitution,” his petition.
However, Justice Mativo allowed Odhiambo’s co-petitioner Ndoro Kayuga to withdraw from the case challenging Sonko’s bid for Mombasa governorship.
According to Justice, Kayuga was allowed to withdraw immediately, stating that his withdrawal would not affect the petition in any way.
In his withdrawal, Kayuga stated that his decision was informed by the realization that Sonko’s impeachment was more political.
Meanwhile, IEBC chairman Wafula Chebukati on Monday said that individuals who have been impeached from office will not be cleared to participate in the August 9 polls.
“Article 75 of the Constitution is very clear. For those individuals who have been found wanting as related to Chapter Six and have been found by any institution by law to fall short of Chapter Six by way of impeachment, the commission’s (IEBC) position is that they will not be cleared to participate in the elections,” Chebukati told the press.