Court of Appeal delivers blow to Sonko

Former Nairobi Governor Mike Sonko has lost another bid to overturn his ouster. 

The Court of Appeal has ruled that his removal from office was proper. 

“The long and short of it is that Hon Sonko was properly impeached and that there is now a substantive Governor in office,” the court ruled.

The Nairobi County Assembly impeached him on December 3, 2020, after which Senate voted to remove him from office on December 17, 2020, ending his 40-month chaotic reign at City Hall. 

A bench of three judges of the appellate court further said that the entire process leading to his removal followed the law and that the High Court, which upheld his ouster, cannot be faulted.

The court said there is nothing to suggest that Sonko was not accorded a fair hearing since he was given a public hearing but chose not to participate in the proceedings before the County Assembly.

'Embarrassing and unprintable language'

“In addition to the foregoing, the County Assembly, the Senate and the trial court were satisfied that Sonko grossly misconducted himself by repeatedly using abusive, embarrassing, inappropriate and unprintable language, which undermined the office of Governor,” the judges said.

They noted that Sonko published abusive and unbecoming words on social media, which he did not deny. 

“Having considered the record and the judgment of the trial court, we agree with the learned judges that the office of Governor represents the aspirations of the residents. It is a seat of honour and respect, and the holder of such office is expected to carry himself with dignity, humility, integrity, and respect for others. Hon Sonko did not,” Justices Roselyn Nambuye, Hannah Okwengu and Dr Imaana Laibuta said. 

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

He argued that his successor, Ms Anne Kananu, unlawfully and unconstitutionally assumed the position of deputy governor, and her assumption to the governor’s office was against the law and the Constitution. 

A notice to remove Mr Sonko was filed before the county assembly on November 26, 2020 after a notice was lodged by Michael Ogada. On December 3, MCAs convened to impeach Sonko and a resolution for his removal was passed. This proceeded to the Senate and a resolution was passed on December 17 to remove him from office. 

He then filed a petition challenging the impeachment as the Speaker of the Assembly, Mr Benson Mutura, was sworn in as the acting governor. Mr Mutura later stepped down after Ms Kananu was vetted and sworn in as the deputy governor.

Sonko’s petition was subsequently dismissed by a bench of three judges of the High Court last June. 

The court found that the process of impeachment fully complied with constitutional and statutory requirements, prompting Sonko to move to the Court of Appeal.