Mombasa County returning officer Swalha Ibrahim has revoked Mike Sonko’s clearance certificate after the Supreme Court upheld his impeachment last Friday.
Sonko had been issued the clearance certificate last week and was given a go-ahead to contest for the Mombasa governorship.
“In adherence to the Supreme Court judgment, you are therefore disqualified from holding any public office and thus disqualified from contesting and being elected as Governor Mombasa county or any other county,” said a letter dated July 18.
Swalha added that the major reason the High Court allowed Mike Sonko to register as a candidate was that he had filed an active appeal with the Supreme Court.
“Considering the fact that the Supreme Court is the apex court in terms of judicial hierarchy, there can be no other appeal and in fact there is none,” the Mombasa returning officer said.
The Mombasa high court had on Wednesday last week ordered the IEBC to clear the former Nairobi governor to vie for the Mombasa governor’s seat on grounds that his case was yet to be heard by the Supreme Court.
The Supreme Court on Friday confirmed Mike Sonko’s impeachment on the grounds that it was in accordance with the Constitution and that the former governor’s appeal was therefore without merit.
Sonko’s appeal to the Supreme Court resulted from earlier judgments by the Court of Appeal and High Court upholding his impeachment by the Nairobi City County Assembly in 2020 and ratification by the Senate in December of the same year.
Sonko through his lawyers has now moved to the East African Court of Justice to challenge the Supreme Court’s decision to uphold his impeachment.
“His fundamental political rights and freedoms were illegally, unlawfully, and unjustifiably curtailed over a flawed judicial process tainted and marred by illegalities, lack of transparency, lack of accountability, and failure to adhere to the rule of law,” his lawyers say.