Court Suspends Nairobi By-Election

  • Former Nairobi Governor Mike Mbuvi Sonko during a past address.
    Former Nairobi Governor Mike Mbuvi Sonko during a past address.
  • The High Court has suspended the upcoming Nairobi Gubernatorial by-elections after impeached Governor Mike Sonko filed a suit.

    In the ruling, the judge suspended the exercise which was set for February 18 pending the determination of the case challenging Sonko's impeachment.

    Sonko, in December 2020, moved to court challenging the decision by the Senate to uphold his impeachment by the Nairobi County Assembly.

    The former governor, in the suit sought the court to freeze the swearing-in exercise of the County Assembly speaker, an exercise which was carried out in December 2020.

    The Milimani Law Courts in Nairobi as pictured on November 18, 2019
    The Milimani Law Courts in Nairobi as pictured on November 18, 2019
    Simon Kiragu
    Kenyans.co.ke

    After the swearing-in, the two lawyers representing Sonko amended their petition claiming that the Senate was biased in their motion.

    "The Senate applied the political doctrine instead of the law and the Constitution," read the statement in part.

    The suit further claimed that the Senate violated the doctrine of legitimate expectation by ignoring pleadings and submissions from his team.

    Mike Mbuvi Sonko was ousted as Nairobi Governor on Thursday night, December 17, after 27 out of 45 Senators voted to uphold the motion fronted by MCAs. 

    The decision followed two-day proceedings with Sonko being accused of gross misconduct, violation of the constitution, crimes under national law, and abuse of office. 

    Senators voted on each allegation fronted against Sonko. 

    27 voted Yes, 16 voted No and two abstained (Makueni's Mutula Kilonzo and Nairobi's Johnson Sakaja) on all charges. 

    Mutura was on Monday, December 21, sworn in as the interim Governor for the next 60 days following the ouster of Sonko.

    Nairobi County Assembly Speaker Benson Mutura
    Nairobi County Assembly Speaker Benson Mutura
    File