Blow to Mike Sonko as court docket okays Anne Kananu swearing-in as Nairobi governor

Former Nairobi Governor Mike Sonko. PHOTO | FILE | NMG

By SAM KIPLAGAT
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Abstract

• A bench of three judges has dominated that former Governor Mike Sonko has been out of workplace for greater than 10 months and is successfully not the governor of Nairobi.
• The judges dominated that his software looking for to bar Kananu from being sworn in because the Nairobi Governor didn’t meet the brink to be granted the order.
• Sonko’s troubles began on November 26 final 12 months after a discover for his removing was lodged on the Nairobi County Meeting by Michael Ogada.

The Court docket of Enchantment has cleared the best way for appearing Nairobi Governor Ann Kananu to be sworn in because the substantive county boss. 

A bench of three judges has dominated that former Governor Mike Sonko has been out of workplace for greater than 10 months and is successfully not the governor of Nairobi.

The court docket mentioned if Sonko’s attraction is profitable and judges discover that his political rights had been violated, then the violations, since they are going to be private to him, will be vindicated by being paid damages.

The judges dominated that his software looking for to bar Kananu from being sworn in because the Nairobi Governor didn’t meet the brink to be granted the order.

The bench additionally famous that the problem of swearing-in Kananu was not among the many grounds raised by Sonko in his attraction. 

“We discover that the problem of the swearing-in of the eleventh respondent was not raised within the Excessive Court docket and the impugned judgment didn’t deal with or decide that problem,” Justices Wanjiru Karanja, Jamila Mohammed and Jessie Lesiit mentioned.

Sonko moved to the Court docket of Enchantment in a bid to persuade it to order a established order – in impact, making certain that Kananu doesn’t assume workplace till his attraction is heard and decided.

He mentioned he was apprehensive that ought to Kananu turn into the substantive Governor, then his attraction can be rendered ineffective and that even when he was to succeed and the court docket was to search out that his impeachment was improper, then it could imply that he wouldn’t have the ability to return to his former job.

Impeachment troubles

Sonko’s troubles began on November 26 final 12 months after a discover for his removing was lodged on the Nairobi County Meeting by Michael Ogada.

On December 3, MCAs convened to question Sonko and a decision for his removing was handed. This proceeded to the Senate and a decision was handed on December 17 to take away him from workplace.

He then filed a petition difficult the impeachment because the Speaker of the Meeting, Mr Benson Mutura, was sworn in because the appearing governor. Mutura later stepped down after Kananu was vetted and sworn in as Deputy Governor.

Sonko’s petition was subsequently dismissed by a bench of three judges of the Excessive Court docket in June. The court docket discovered that the impeachment course of totally complied with constitutional and statutory necessities, prompting Sonko to maneuver to the Court docket of Enchantment.

In his attraction, Sonko questioned the participation of MCAs and their conduct throughout the impeachment. 

He faulted the Excessive Court docket’s determination saying the judges didn’t correctly deal with the constitutional violations he itemised in his petition.