The Supreme Court has handed former Nairobi governor, Mike Sonko a lease of life after dismissing a petition filed by Nairobi County Assembly seeking to block an appeal he filed challenging his impeachment.
In the Monday, July 11, verdict, the Supreme Court dismissed claims by the county assembly that Sonko's appeal against his removal from office was not submitted within the stipulated timelines.
However, the five-Judge bench ruled that Sonko had filed his appeal four days after the decision by the Court of Appeal. The Judges, however, maintained that Sonko failed to present a physical copy of the same appeal.
"There is no doubt that the appellant filed a Notice of Appeal at the Court of Appeal on 8th March 2022, 4 days after the Court of Appeal judgment. The Record of Appeal on page 004509 and the fees receipt marked as annexure “MMS1” is clear evidence of that fact," ruled the Supreme Court.
"Having, therefore, considered the Motion, Preliminary Objection plus responses thereto, we must dismiss the Motion and overrule the Preliminary Objection."
Sonko - who is seeking to become the second governor of Mombasa - was left out of the final list of gazetted candidates by the Independent Electoral and Boundaries Commission (IEBC).
According to the law, impeached public officers are not allowed to contest in an election or take up any appointive positions. His candidature in the August polls now hangs in the balance even as the country has 27 days to the polls.
Sonko is appealing against his impeachment by Nairobi County Members of the County Assembly in a bid to clear his name and succeed Hassan Ali Joho in Mombasa.
His party, Wiper Democratic Movement - under Kalonzo Musyoka, has vowed to do all it can to ensure that his name is on the ballot.
In his previous appeals, both the High Court and the Court of Appeal have ruled that he was legally removed from office on grounds that he abused his office and acted unconstitutionally while serving as the governor.
As it stands, Sonko will have to wait until his appeal at the Supreme Court is determined, with the Chief justice, Martha Karambu Koome, noting that all electoral-related disputes will be dispensed with by Friday, July 15.
After failing to clear Sonko, IEBC had asked Wiper to replace him within 72 hours but the former governor had obtained a court order stopping the same from happening.
Sonko was locked out of the polls alongside Kiambu Senatorial candidate, Karungu Wa Thang'wa.
The former Nairobi governor is seeking to battle it out with Orange Democratic Movement's Abdulswalmad Nassir and United Democratic Alliance's Hassan Omar Hassan.
