By Chris Ojow
Article 99 of the Country new 2010
Constitution talks of until all avenues
of appeal are exhausted that’s when an
applicant request can be dismissed.
As former Nairobi County Governor Mike
Sonko tribulations seems to be far
from over.
The Independent Electoral Boundaries
Commission (IEBC) revoked his
certificate granting him to vie for the
position of Mombasa County Governor,
after a bench in Mombasa ruled that he
be cleared to vie.
Sonko’s arguments is that, the Kenyan
Supreme Court has no jurisdiction to
hear his appeal , as the court itself
admitted during the filing of an appeal
, yet the Supreme Court went ahead and
hurriedly hears Sonko’s matter and
give a ruling , even when responses was
not filed and proceeded to issue a
draconian orders shuttering the
political life of Mike Mbuvi Sonko.
Mike Sonko the most influential
personality in the Country , who is the
gubernatorial aspirant for Mombasa
County Kenya, moved to the East African
Court of Justice seeking for the
review of the Kenyan supreme court
ruling upholding the alleged illegal
impeachment.
Upon receiving the petition, the East
African Court of Justice gave
directions, where the respondent , the
Attorney General of Kenya was given 45
days to file a response inline to the
urgent matter before it.
At the same time, Mike Sonko , through
his Constitutional lawyers Danstan
Omari, Paul Macharia, Martina Swiga and
Shadrack Wambui filed an application
before the Judicial Service Commission
(JSC) seeking for the removal of the
Country Chief Justice Martha Koome , on
grounds of harbouring conflict of
interest, abuse of office , commiting
forgery which they are yet to record a
statement with the Country Independent
Directorate of Criminal Investigations
(DCI), and if proved, might
automatically bring down the first
female Chief Justice in the Country.
Sonko filed the petition to the East
African Court of Justice on grounds
that the Kenyan Highest Court in the
land violated his rights enshrined in
the new 2010 Constitution of the
Republic of Kenya.
He also stressed in the application
filed in court that the manner the
Supreme Court of Kenya rushed to hear
his impeachment appeal and deliver a
ruling in a record of 24 hrs is
historic, alleged politically
influenced and suspect.
Sonko’s accuser’s, the respondents
failed to file their response but it
seems s alleged the Supreme Court went
a head to hear the matter and
delivered a ruling very speedily.
The Kenyan Chief Justice Martha Koome
initially announced that a bench of
five judges will hear Sonko
application, but the applicant Mike
Sonko was surprised to witness a bench
of seven Supreme Court judges
determining his fate , without
informing him of the sudden change,
which is a breach to court proceedings
protocol according to Sonko
application.
Mike Sonko now want the Country first
female Chief Justice Martha Koome to
step aside and allow JSC to
independently conduct investigations on
alleged accusations against her
unprofessional conduct and face the JSC
tribunal.
As Independent Electoral Boundaries
Commission allegedly revoked mike
Sonko’s certificate granting him to
contest for the position of Mombasa
County Governor, claiming that the
Kenyan Supreme Court ruling barred the
embattled former Governor from
contesting for any elective position in
the Country for the rest of his life.
In the Supreme Court ruling, nowhere
the judges issued orders vacating the
ruling of the Mombasa High Court bench
, granting that Sonko be cleared by the
Country IEBC.
“Even if the IEBC decides to revoke
Sonko certificate granting him to vie
for the Mombasa County Governor, the
High Court ruling in Mombasa granting
Sonko clearance must be vacated or be
dismissed , which has not been done”
said Danstan Omari.
As IEBC Mombasa returning officer
hurriedly without following the due
court procedure revoked the certificate
they themselves issued to Sonko
without the High Court due process
being followed, which the applicant
stressed that was a clear situation of
political witch-hunt and a violation
of the Constitution.
The decision of the Supreme Court is
permanent and not a subject of
challenge.
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