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I will still be on ballot, Sonko says after IEBC disqualification

 

Former Nairobi Governor Mike Sonko is optimistic he will still contest in the Mombasa Governor race even after he was disqualified by Independent Electoral and Boundaries Commission (IEBC) chair Wafula Chebukati.

Chebukati on Saturday dismissed Sonko's candidature on grounds that he was unfit to hold public office following his impeachment for abuse of office.

He said by dint of Article 75 (3) of the Constitution, individuals found to have violated Chapter Six of the Constitution cannot hold public office, either through election or appointment. 

“The commission’s position is that Article 75 of the Constitution is self-speaking and self-executing and does not have a proviso (a saving clause). Therefore, aspirants removed from office through impeachment are disqualified from contesting in the election,” Chebukati said.

But following this announcement, Sonko took to Twitter claiming that the Kenyan Constitution does not explicitly state that aspirants with any pending court cases are barred from vying for elective seats. 

"...The Constitution of Kenya cannot be read or applied selectively to favour the interests of our political enemies. Those who read Article 75 without reading article 99(3) and Article 193(3) are wrong. The two articles state: 99 (3) A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant decision has been exhausted. 193 (3) A person is not disqualified under clause (2) unless all possibilities of appeal are exhausted," he said.

The former governor has an active appeal case in court, which is to be determined by a three-judge bench on Tuesday.

He noted that Chebukati should have waited for the final verdict before making the announcement of his disqualification. 

"So with God's grace and through your prayers, I will be on the ballot," Sonko said.    BY THE STAR  

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