Chief Justice Martha Koome has constituted a three-judge bench to hear and determine former Nairobi governor Mike Sonko's petition. The ex-county chief is seeking orders to bar the Wiper Democratic party from appointing a candidate to replace him in the Mombasa gubernatorial race.
In a letter dated June 29 signed on her behalf by the senior legal counsel office of the chief justice, Koome indicated that she had empaneled a three-judge bench to hear and determine the said matter in Mombasa.
"Thank you for your letter dated June 27 this year addressed to the honourable Chief Justice. I have instructions to inform you that the CJ has received the original court file from the high court Mombasa", reads part of the letter.
On Friday last week, Mombasa High Court judge Olga Sewe in her ruling, ordered the matter to be placed before the Chief Justice to enable her to constitute a bench to hear and determine the case since it raises substantial questions of the law.
In the matter filed before Mombasa high court, in an exparte application, Sonko claims he is likely to suffer huge losses considering the amount of money and time he had invested in his bid to vie for the county head seat. The loss, he claims, will be due to the expiry of the 72 hours allowed by IEBC for the party to field a candidate to replace him.
He is seeking orders to restrain the commission from printing ballot papers for the Mombasa gubernatorial position in the upcoming August 9 general elections.