Court of Appeal stops Nairobi acting governor from being sworn in

The Supreme Court of Kenya

The Court of Appeal has stopped the swearing in of Nairobi County acting Governor Ann Kananu.

Judges Wanjiru Karanja, Jessie Lessit and Jamila Mohammed also stopped the appointment of Nairobi county Deputy Governor pending the hearing and determination of the appeal and directed that they would give reasons for their ruling on 22nd October.

The order, however, will be active until the hearing and determination of the appeal filed by impeached Nairobi Governor Mike Mbuvi Sonko seeking to Bar Kananu from being sworn into office.

“An order to issue restraining Ann Kananu from assuming substantive office of Governor for Nairobi city County or in any way performing any roles reserved for substantive Governor,”  Sonko states.

The former city boss argued that the county assembly of Nairobi did not meet the threshold for his impeachment as set by the senate, the High Court and court of appeal in the case of Embu Governor Martin Wambora which is a guide on how the impeachment process in Kenya is undertaken.

According to Sonko, the senate made a decision to impeach him without giving written reasons, without a report reflecting any deliberations and consideration has been served to him adding that the senators only voted in respect of the different charges without assigning any reasons

The senator told the court that at some point in the course of the proceedings, Kakamega Senator stated that the senate had already decided and no further submissions were warranted as the same were a waste of time.

The remarks by Senator Cleophas Malala in the proceedings demonstrates a predetermined position of the senate which was conducting a quasi-judicial function as opposed to a legislative function and the same pointed at bias on the part of senators in the eyes of not only Sonko but also members of the public.