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High Court declines jurisdiction to determine integrity petitions against Mike Sonko

The High Court  has dismissed petitions seeking to block former Nairobi Governor Mike Sonko from presenting his nomination papers to the Independent Electoral and Boundaries Commission.

A three judge bench chaired by Hon. Justice David Majanja , Chacha Mwita and Mugure Thade said the petitions filed in Mombasa and Eldoret against Mike Sonko were premature as the applicants had not exhausted internal mechanism with IEBC as provided for under the constitution.

According  to Justice  David  Majanja suitability and integrity of a candidate cannot be determined by the court it is the only the IEBC that has obsolete power.

“The IEBC  has the mandate  to determine the suitability of  and that cannot be challenged unless all internal mechanisms within the commission are exhausted,”Majanja said.

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The applicant could only approach the court after a complain made to the IEBC Dispute Resolution Committee and if the same is dismissed the petitioner can only approach the judicial review court.

“Jurisdiction of this court should not be invoked until the mechanisms before the IEBC are exhausted. We decline jurisdiction on those cases.”

They also dismissed a petition filed against UDA Kiambu senatorial candidate Paul Karungo Thangwa and Nakuru Town West constituency Samuel Arama

By Rodgers Oduor