Court suspends Nairobi gubernatorial by-election set for February

Former Nairobi Governor Mike Mbuvi Sonko (white) and his lawyer Harrison Kinyanjui at Milimani law courts.Photo/file

High Court has suspended a Gazette notice calling for the Nairobi gubernatorial by-election on 18th February after the impeachment of Governor Mike Mbuvi Sonko.

Justice Anthony Mrima issued the order after Sonko filed a case challenging the process of his removal from office in December last year.

Sonko wants the court to restrain the IEBC from publishing in the Kenya gazette notice of holding elections for gubernatorial seat for Nairobi city county as a consequence of the resolutions passed by the senate on December 17th 2020 pending the inter parte hearing of the application.

Sonko argues that he has raised serious legal and constitutional issues that are arguable and should be accorded a chance to articulate them. He goes on to say that he will suffer irreparable damage not compensatable in monetary terms because he stands to lose his seat as the second Governor of Nairobi without due process of the law, the rule of law and constitutionalism.

“Taking the exceptional circumstances of this case into account, it is in the interest of justice to issue conservatory orders, said Sonko.

The petitioner further agues that the impeachment motion was illegal, null and invalid since it did not meet the requisite legal threshold to warrant an impeachment process to commence and that the entire process violated the constitution as it lacked integrity, transparency and verifiability.

The court heard that the resolution of 3rd December 2020 by Nairobi county assembly was in utter breach and/or disregard of the democratic principles and separation of powers contrary to the constitution.

The case will be heard on 14th January 2020.