Case Stopping Kananu Swearing in as Nairobi Governor Ends

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Nairobi County Deputy Governor and Acting Governor Anne Kananu Mwenda takes the oath of office on Friday, January 16, 2021
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Anne Kananu / Twitter

The Supreme Court has struck out a case filed by former Nairobi Governor Mike Sonko seeking to block Deputy Governor Ann Kananu from being sworn in to become Governor.

Sonko filed the appeal in the Apex court, prompting it to temporarily halt the swearing-in which was scheduled for October 26, 2021.

The Supreme Court cited the absence of the Court of Appeal judgment as one of the reasons the case was dropped as it did not meet the threshold stipulated by the constitution.

Former Nairobi Governor Mike Sonko during a court session on Wednesday, February 3, 2021.
Former Nairobi Governor Mike Sonko during a court session on Wednesday, February 3, 2021.
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“The court, we conclude lacks jurisdiction to entertain the application,” read a section of the ruling seen by Kenyans.co.ke.

On Monday, October 25, 2021, Justice Mohamed Ibrahim, who received the appeal, issued conservatory orders barring the planned swearing-in for 14 days.

“Pending hearing and determination of the suit, an order is issued restraining the Committee on Assumption of Office from swearing-in Kananu as Nairobi Governor,” the ruling read in part.

The 14 days were meant for Sonko to pursue the appeal, with Justice Ibrahim directing the Chief Justice urgently constitute a bench to hear and determine the case.

The Court of Appeal had given green light for the swearing-in of Kananu on October 22, 2021, to make her a substantive governor. 

The three-judge bench made the ruling on the basis that Sonko had stayed out of office for more than 10 months, declaring that he had ceased to become the holder of the office.

Justices Jamila Mohamed, Wanjiru Karanja, and Jessie Lessit of the court of the appellate court substantiated their ruling by stating that swearing-in was not among the issues raised by Sonko’s appeal from the High Court. 

“We find that the issue of the swearing-in of the 11th respondent was not raised in the High Court and the impugned judgment did not address or determine that issue,” read the judgment.

The flamboyant city politician lost his seat in 2020 after the Senate overwhelmingly voted in favour of an impeachment motion passed by the Nairobi County Assembly. 

Members of Senate in session at Parliament Building Nairobi on  January 29, 2020.
Members of Senate in session at Parliament Building Nairobi on January 29, 2020.
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