It is a reprieve for former Nairobi governor Mike Mbuvi Sonko after one of the petitioners who wanted him barred from vying sought to withdraw his petition.
Sonko had been cleared to vie for Mombasa CountyGovernor seat under a Wiper Democratic Movement party.
Ndoro Kayuga, a resident of Mombasa and one George Odhiambo filed a suit at the High Court in Mombasa. They were seeking to have Sonko barred from vying on grounds that he does not qualify since he was impeached as Nairobi County Governor.
Through lawyer Titus Kirui, Kayuga informed Justice John Mativo that he was no longer interested in pursuing the petition. He added that he was seeking leave to file a notice to withdraw it.
The matter which was filed on 25th April 2022 was adjourned to 10th of May due to the new developments.
“On the same day in the evening of 25th April 2022, the 1st respondent (Sonko) appeared on Kenya Television Network (KTN) News, a national television, as a guest in a segment called “Checkpoint” where he articulated in detail his tribulations as the governor of Nairobi County,” Kayugo said.
He added, “Through the said interview, I came to learn that his tribulations and finally impeachment were more political than legal.
Agenda for Mombasa County
Kayugo avers that Sonko equally articulated his agenda for Mombasa County if elected as its second Governor.
“I was touched by the fact that his agenda resonated very well with my desire as well as my community’s as there has been a feeling that our Mijikenda community has been all along sidelined by the current county government,” Kayugo claims in his affidavit.
In addition, the petitioner claims that he came to learn that though Sonko’s impeachment was upheld by both the High Court and Court of Appeal, there is a pending appeal at the Supreme Court which is yet to be determined.
He added, “Based on the pending appeal at the Supreme Court, the current position is therefore premature and may suffer from the doctrine of ripeness if the same proceeds.”
Kayugo had sought leave to withdraw the petition against Sonko, Wiper Party and the IEBC, the respondents in the case