Mike Sonko Seeks High Court Order to Void Impeachment Judgment

Former Nairobi Governor Mike Sonko has filed an urgent petition in the High Court’s Constitutional and Human Rights Division seeking to nullify the June 24 2021 judgment that upheld his impeachment.

The application, dated October 14 2026, asks the court to issue conservatory orders staying the implementation, enforcement and reliance on that judgment and on subsequent appellate decisions until a full hearing can be held.

Sonko bases his challenge on the Supreme Court’s December 28 2023 decision that upheld findings of misconduct against former High Court judge Said Juma Chitembwe, who sat on the three-judge bench – Justices Chitembwe, Wilfrida Okwany and Weldon Korir – that dismissed his earlier impeachment challenge.

In his supporting affidavit Sonko alleges violations of Article 160 on judicial independence, Article 50(1) on a fair hearing, the Judicial Code of Conduct and the Bangalore Principles, and claims Chitembwe had contact with a man identified as Jirani who was soliciting money for a favourable decision, citing video footage presented before the Supreme Court that purportedly shows Chitembwe admitting pressure from State House.

The reliefs sought include declaring the June 24 2021 judgment and related appellate decisions a nullity, restraining respondents from enforcing those judgments, compelling Kenya Law Reports to remove the decisions from its online records and awarding exemplary and punitive damages for alleged constitutional rights violations, as well as having the consolidated petitions reheard before an expanded bench appointed by the Chief Justice.

High Court Judge Gregory Mutai said the issues must be determined at the earliest opportunity, directed that the petition and motion be served on respondents and interested parties within seven days, and set a timetable requiring responses within 14 days, Sonko’s replies within a further 14 days, and opposing submissions within another 14 days, with written submissions to be highlighted on January 25 2027.

The Judicial Service Commission, the Attorney General and other interested parties have been ordered to enter appearance and file their responses within the prescribed period, and the case will test whether findings of judicial misconduct can reopen a matter that has already been decided by the courts.