IEBC Caught Offguard By Court Ruling On Sonko Governor Bid

Chebukati noted that the commission was not keen on appealing the High Court ruling which let Sonko vie for the seat

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Jul 14, 2022 - 05:41
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IEBC Caught Offguard By Court Ruling On Sonko Governor Bid
Independent Electoral and Boundaries Commission chairman Wafula Chebukati (centre) addresses journalists at the Bomas of Kenya on June 20, 2022. /DAILY NATION

The Independent Electoral and Boundaries Commission (IEBC) has explained its next course of action following a High Court ruling that cleared former Nairobi Governor Mike Sonko to vie for Mombasa Governor.

Speaking during a joint media interview on Wednesday, July 13,  IEBC Chairman Wafula Chebukati and CEO Marjan Hussein Marjan were at odds to explain what to do next on the matter which saw the court ordering the commission to clear him to vie for the seat.

Chebukati noted that the commission was not keen on appealing the High Court ruling which let Sonko vie for the seat, adding that it was short on time on the matter of printing ballot papers ahead of the August 9 elections.

Wiper leader Kalonzo Musyoka (right) and Mombasa gubernatorial nominee Mike Sonko campaign at Changamwe roundabout in Mombasa on May 6, 2022. /DAILY NATION

“As a commission, we must obey the orders and enforce. It will have to be enforced and complied with… But that notwithstanding, I’m aware the issue around impeachment is at the Supreme Court and will be heard perhaps tomorrow. In future, there will be clarity along that line. 

“But for us, how we operate, we follow the law and implement court orders as they come. We don't have a choice on that. 26 days before the election, we must finish printing ballot papers. Actually, we are even late in making changes to the ballot papers,” he said.

Chebukati confessed to not reading the judgement, noting that the commission was focused on finalising the process to give Kenyans free, fair and credible elections.

However, Marjan took a different view by noting that the commission would wait for a verdict from the Supreme Court on Sonko's impeachment, adding that the commission had stopped printing ballot papers for the Mombasa Governor race.

“As a commission, we have not made a decision on whether we are going to appeal or not. What is important for us is to wait for the Supreme Court to assert itself on this matter. The Mombasa Court took the decision because of the pending case at the Supreme Court.

“There is a difference in interpretation of two sections of the law... Whereas we see one as a stand-alone, others see it as being intertwined. We only have two days, the best thing is to wait and not jump the gun.” he said.

Marjan appeared to have absolved himself of the matter by stating that it was up to the Mombasa County Returning Officer to decide on whether or not to receive Sonko's nomination papers.

Justices O.A. Sewe, S. Githinji and Lady Justice Ong'injo had ruled that Sonko had met all the requirements by the IEBC to vie for the top county seat.

ODM leader Raila Odinga shares a moment with former Nairobi Governor Mike Sonko at Wilson Airport on Tuesday, July 12, 2022. /RAILA ODINGA

The commission had initially turned down Sonko's papers on grounds that he was impeached as the Nairobi governor.

“A person who is removed from office on contravention of Chapter 6 of the Constitution is disqualified from holding any other State or public office whether elective or appointive," Article 75(3) states.

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