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Supreme Court stops swearing of Ann Kananu as Nairobi governor

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Supreme Court stops swearing of Ann Kananu as Nairobi governor


Former Nairobi governor Mike Sonko arrives at a court in Milimani, Nairobi. PHOTO | DENNIS ONSONGO | NMG

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Summary

  • The Supreme Court has suspended the planned swearing-in of acting Nairobi Governor Ann Kananu as the city-county boss, albeit for two weeks, following an application by former governor Mike Sonko to the apex court.
  • Justice Mohammed Ibrahim, sitting a single judge, directed the Assumption of Office of the county and the committee spearheading the process, to put on hold the swearing-in Ms Kananu, to allow Mr Sonko to argue his case before the top court.

The Supreme Court has suspended the planned swearing-in of acting Nairobi Governor Ann Kananu as the city-county boss, albeit for two weeks, following an application by former governor Mike Sonko to the apex court.

Justice Mohammed Ibrahim, sitting a single judge, directed the Assumption of Office of the county and the committee spearheading the process, to put on hold the swearing-in Ms Kananu, to allow Mr Sonko to argue his case before the top court.

Mr Sonko rushed to the Supreme Court after the Court of Appeal rejected his application to stop Ms Kananu from assuming office last Friday.

He argued that he stands to unfairly and unlawfully be deprived of his lawfully contested and won Nairobi gubernatorial elective position unless the court intervenes.

The former Governor has maintained that his impeachment was illegal and the court should determine whether it was done as required by the law.

He has further argued that Ms Kananu unlawfully and unconstitutionally assumed the position of the deputy governor, and there were plans to have her become the substantive governor against the law and the constitution.

“If the intervention sought herein is not granted the jeopardy suffered by the Appellant herein is double – both the Court of Appeal in the 2 Appeals alluded to above and this Honourable Supreme Court will be left with Appeals and a Petition of Appeal respectively that are merely academic as the Nairobi City County Governor position which has been preserved so far will have been unlawfully taken by the 11th Respondent (Ms Kananu) herein,” he said in an affidavit.

Mr Sonko noted that the Court of Appeal held last week that he could be compensated by way of damages but declined to stop the swearing-in of Ms Kananu, contrary to his constitutional right to serve a full gubernatorial term. He maintained that he can only be removed within lawful and constitutional means.

“There is only one possible scenario that could emerge if the orders sought by the applicant are not granted. There being NO election to be called in spite of Article 182(5) of the Constitution of Kenya having been invoked on 21st December 2021 to swear in the Nairobi City County Assembly Speaker (10th Respondent) as the Acting governor), the Appellant will lose forever his opportunity to complete his constitutional gubernatorial term if his appeals succeed,” he said.



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