A High Court sitting in Mombasa has ordered the electoral commission to accept the nomination of former Nairobi Governor Mike Sonko.
The Independent Electoral and Boundaries Commission (IEBC) was also directed to gazette Sonko, who is eying the Mombasa governor seat.
The court ruled that IEBC acted unreasonably to disqualify Sonko from the race.
“They violated the Constitution and rushed with the announcement,” the court ruled.
IEBC has requested to lodge an appeal against the judgement.
In their one-hour judgment, Justices Sewe, Ong’injo’, and Githinji said IEBC violated the rights of the petitioner.
“The County Returning Officer acted unreasonably and in a rush in her decision to disqualify the petitioner,” Sewe said.
The three judges ordered IEBC to immediately accept Sonko’s nomination papers and ensure he is gazetted ahead of the August 9 general election.
IEBC had already cleared and gazetted seven candidates; Abdulswamad Nassir (ODM), Hezron Awiti (VDP), Hassan Omar (UDA), William Kingi (PAA), Daniel Kitsao (Independent), Shafii Makazi (Upia), and Said Abdhalla (Usawa) for Mombasa governor race.
Following the IEBC move, Sonko sued the commission for disqualifying him from the Mombasa race.
And on June 23, Sonko moved to court to stop the Wiper Party from submitting the names of other candidates and, at the same time, stop IEBC from gazetting and printing the ballots for the Mombasa governor race until his petition is heard and determined.
However, on June 24, Mombasa High Court Judge Olga Sewe declined to issue conservatory orders to stop IEBC from proceeding with the gazettement and printing of ballot papers.
Sewe forwarded the file to Chief Justice Martha Koome to empanel a bench that will hear the petition to its logical conclusion.
Last week Monday, the three-judge bench issued the interim orders against IEBC to stop gazettement and printing of ballot papers, pending a petition filed by Sonko.
However, during the Monday afternoon session, IEBC lawyer Mukele told the court they are in dilemma following the orders that had been issued in the morning.