The Supreme Court yesterday threw out former Nairobi Governor Mike Sonko’s appeal to block the swearing in of Anne Kananu as his successor.
Ruling by the quintet paves the way for Kananu’s formal swearing in as the third governor of Nairobi.
The five-judge Bench of Mohammed Ibrahim, Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola and William Ouko struck out Sonko’s appeal saying it lacked the jurisdiction to entertain the application.
They noted that without the court of appeal judgement on the matter, Sonko’s application was premature and did not meet the threshold of the Constitution.
“Objections by the Clerk, the Nairobi County Assembly, and County Assembly sustained. The notice of motion dated October 23, 2021 is for the reasons given, incompetent and is hereby struck out,” ruled the judges.
On October 25, Justice Ibrahim had directed the Assumption of Office of the county and the committee spearheading the process, to put on hold Kananu’s swearing in for 14 days to allow Sonko to argue his matter.
The interim order lapsed yesterday. Sonko rushed to the Supreme Court after the Court of Appeal rejected his application to stop Kananu from assuming office.
The appeal court judges Wanjiru Karanja, Jessie Lessit and Jamila Mohammed dismissed Sonko’s appeal of the High Court decision okaying his removal from office in December 2020.
“The issue of swearing in Kananu was not a ground of appeal in Sonko’s draft.
In that draft appeal, Sonko challenges the decision of the High Court which refused to overturn the impeachment process,” they said.
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 argued that 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 two Appeals alluded to above and this Honorable 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 (Kananu) herein,” he said in an affidavit.