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Kenya: Sonko Loses Bid for Reinstatement As Governor At Appellate Court

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4 years ago

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Nairobi — Former Nairobi Governor Mike Sonko suffered yet another blow on Friday after the appellate court in Nairobi dismissed his appeal of the High Court decision okaying his removal from office in December 2020.

The decision by Justices Wanjiru Karanja, Jamila Mohammed and Jessie Lessit cleared the way for Anne Kananu’s ascension to the governorship, with the three judges saying nothing could stop the assumption to an office which is subject to litigation noting that in cases where a county official wins an impeachment petition, payment of damages would suffice.

“In this, that we agree with this Court in Stephen Mring’a Masomo v County Government, Taita Taveta & 2 others [2016] eKLR where the Court found, in the context of an application of a county official to his position pending the hearing of his appeal, that an award of damages would adequately recompense him should he be successful,” the judges explained.

Sonko had challenged the High Court decision by Justices Said Chitembwe, Wilfrida Okwany and Weldon Korir on June 24 to uphold the decision by both the Nairobi County Assembly and Senate to impeach him, on grounds that his removal from office fully complied with the constitutional and statutory requirements.

Sonko had launched the Constitutional Petition challenging the impeachment process in Constitutional Petition No. E425 of 2020 together with another petition No. E014 of 2021 by lawyer Okiya Omtatah before the two petitions were consolidated and heard together.

He had also sought to prevent former Deputy Governor Anne Kananu from ascending to office.

In his submissions to the appellate court, Sonko termed the High Court ruling as erroneous arguing that it failed to properly interpret the Constitution in relation to the correct processes of impeachment by the County Assembly and Senate.

He further accused the High Court of being openly biased against him adding that it also failed to exercise its jurisdiction under Article 165(6) of the of the Constitution in failing to consider the question of lawful participation of members of the County Assembly in the process of impeachment.

In his submissions, Sonko joined by Omtatah have made various allegations touching on the conduct of the 1st – 6th respondents and the various roles that they played during the impeachment process.

The two petitioners held that the High Court reached an erroneous conclusion as it did not properly interpret the Constitution in relation to the correct processes of impeachment conducted by the County Assembly and Senate