Allow Mike Sonko to vie for governor seat or live to regret, John Khaminwa tells court

Former Nairobi Governor Mike Sonko's lawyer John Khaminwa at a Mombasa court on July 6, 2022. [Kelvin Karani, Standard]

Lawyers representing embattled former Nairobi Governor Mike Sonko have asked the court to promote democracy by allowing him to vie for the Mombasa governor's seat. 

Sonko’s battery of lawyers led by John Khaminwa, Wifred Nyamu, Jared Magolo, Derrick Odhiambo and Titus Kirui said Sonko’s petition against the IEBC was a test for democracy in the country.

Khaminwa termed Sonko as a man of the people with a huge following that might cause unrest in the event he is barred from vying for the Mombasa governor seat.

In a seven-hour hearing on Wednesday, Khaminwa told Justices Ann Ong’injo, Olga Sewe and Stephen Githinji that there were cartels out to frustrate and block Sonko’s governor bid in Mombasa.

“This case is of great national importance. There are cartels out to frustrate Sonko governorship bid and the court should stand its ground to promote democracy and stamp out impunity in the country,” said Khaminwa.

He urged the judges to allow Sonko to be on the ballot to avoid a scenario that may culminate in chaos.

“If we don't give Sonko the opportunity to participate we run a risk we will live to regret,” said Khaminwa.

In support of Sonko, Wiper’s lawyers Ochieng Oginga and Eunice Lumalas said that the people of Mombasa have the unalienable right to choose freely and be represented by the leader of their choice.

However, IEBC lawyer Edwin Mukele said IEBC doesn't have any reason to be malicious or any ulterior motives to bar Sonko from vying for the Mombasa Governor seat.

Mukele said IEBC acted within the law and that Sonko failed to comply with the nomination requirement to present the certified degree by 4 o’clock as gazetted.

Ethics and Anti-Corruption Commission lawyer Philip Kagucia said Sonko was barred because of the moral conduct that falls under Chapter Six of the Constitution on Leadership and Integrity which they seek to enforce. 

Yesterday the bench extended the conservatory orders stopping the printing of ballot papers of Mombasa governorship candidates and their gazettement until it renders itself next week.