Relief for Sonko, Thang’wa after court lifts barring orders
It is a relief to former Nairobi Governor Mike Sonko and Kiambu Senatorial aspirant Karungo wa Thang’wa after a three-Judge Bench lifted orders barring the Independent Electoral and Boundaries Commission from clearing them to vie.
The three Judges David Majanja (Presiding), Chacha Mwita and Mugure Thande ruled the issue of eligibility is the core subject for determination in the consolidated petitions and the parties ought to have been given an opportunity to be heard before such orders were issued.
“The orders denied the IEBC the constitutional mandate to discharge its duty which included deciding whether to accept or decline at the nomination stage. The process is governed by clear constitutional statutory provisions,” ruled the Bench.
The bench led by Justice Majanja said the orders were issued ex-parte and the bench had jurisdiction to review, vary or set them aside.
The bench was formed by CJ Martha Koome on Tuesday last week to determine cases concerning whether or not candidates with pending integrity should be cleared to vie.
The eight consolidated petitions were filed in various courts challenging Sonko’s suitability to run for the Mombasa gubernatorial seat following his impeachment by the Nairobi county assembly while serving as the governor.
Former Kiambu Governor Ferdinand Waititu who is seeking a comeback faces a similar hurdle and has been listed as an interested party by one of the petitioners.
Also facing similar circumstances is Kiambu senatorial aspirant Thang’wa. In yesterday’s ruling, the court noted it will make a final determination on the issues raised in the consolidated petitions.
The ex-parte orders had been issued barring IEBC from receiving, considering and evaluating Sonko’s eligibility to vie.
The orders also restrained IEBC from publishing in the Kenyan Gazette Sonko’s name as a candidate pending a hearing and determination of the case.
On May 25, another order was issued barring IEBC from processing Thangwa.
A Mombasa court similarly issued orders restraining IEBC from processing Sonko to vie for Mombasa Gubernatorial elections pending hearing and determination.
