Three High Court judges in Mombasa are today expected to make a ruling on whether IEBC Chairman Wafula Chebukati should be jailed for contempt.
Jail or not? - Chebukati to know his fate today
The fate of IEBC Chair Wafula Chebukati is in the hands of the three-bench judge
The three-judge bench sitting comprises Justices Paul Gachewe, Ann Ongijo, and Steven Githinji
Former Nairobi Governor Mike Sonko filed a case against IEBC chairman Chebukati and Mombasa Returning officer Swalhah Yusuf for revoking his earlier clearance for the Mombasa gubernatorial race.
The Mombasa Returning Officer Swalhah Ibrahim Yusuf revoked Sonko's clearance certificate after the Supreme Court rendered its ruling on his eligibility given his impeachment as Governor.
However, the wiper party candidate moved to court challenging the cancellation of his clearance, requesting the court to arrest Chebukati and Mombasa returning officer for their intended disobedience of the verdict and directive of the court entered on July 13, 2022.
The IEBC was directed to include Sonko's name in the list of candidates for the Mombasa gubernatorial race.
According to Sonko's petition, the cancellation was done after he had applied for a review of the Supreme Court judgment that proved his impeachment.
“This revocation was done notwithstanding the 1st and 3rd respondents (Ms. Yusuf and IEBC) knowing of the existence of both the review and reference, the same having been served upon them by email, WhatsApp, and letters,” read the petition.
“Concerning the above, we, therefore, wish to inform you that your revocation dated 18 July 2022 is illegal and void ab initio without directions of the High Court at Mombasa,” the court papers read.
Sonko hopes the judge's decision will favor him with his desire to vie for Mombasa Governors seat citing he is still protected by the constitution.
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