The High Court sitting in Mombasa has issued orders to the Independent Electoral and Boundaries Commission (IEBC) not to clear former Nairobi governor Mike Sonko to consent for the Mombasa governor's seat.
Mombasa Resident Judge John Mativo in the matter certified as urgent issued orders restraining IEBC from processing, and clearing Sonko's nomination papers to contest in the August polls.
He issued the temporary orders pending hearing and determination of the application before his court.
In the matter, three civil society organizations among them, Haki Yetu, Kituo Cha Sheria and Transparency International have been listed as the petitioners seeking to have Sonko disqualified arguing that Sonko was removed from office for violating the constitution, lack of integrity during his term as Nairobi Governor, and failure to promote public confidence as a governor.
Sonko in the suit is listed as the first respondent, Wiper Democratic Movement the second respondent and Independent Electoral and Boundaries Commission as the third respondent.
Justice Mativo made the ruling upon reading the notice of motion dated, May 16 filed under certificate of urgency.
"l hereby order the third respondents not to clear the first respondent's name to vie for the elective post pending the hearing and determination of the application," Justice Mativo ruled.
The orders were issued ex-parte following the sworn affidavit of Munira Ali Omar the programmes officer at Haki Yetu who told the court that the nomination of Sonko by the Wiper party violated the constitution since he had been found unsuitable to hold a public office as the Nairobi governor and as such Sonko was equally unsuitable to hold any other state office.
"The election calendar is time-bound, and there is a likelihood that if interim orders are not granted IEBC will clear Sonko. He was removed from office for violating the constitution and we feel that Sonko and the Wiper party have converted Mombasa into a dumping site for rejected unfit leaders," Omar said.
Omar further noted that the move to allow Sonko consent for the governor's seat was a mockery of the constitution and the rule of law and an insult to the people of Mombasa.
The filing of yesterday's application brings to three applications filed before different courts across the country seeking to bar the former governor from vying for the Governor's seat in Mombasa.
Last month, two Mombasa residents filed a similar application before the same court.
On Monday, Eldoret High Court judge, Reuben Nyakundi directed that three similar petitions filed in Mombasa, Nairobi and Eldoret be placed before Chief Justice Martha Koome to decide if they will be consolidated and transferred to Mombasa or Nairobi.
The matter will be mentioned on May 24.
