Sonko's Remaining Options After Supreme Court Ruling

A collage of former Nairobi governor Mike Sonko (left) and Chief Justice Martha Koome (right)
A collage of former Nairobi governor Mike Sonko (left) and Chief Justice Martha Koome (right)
Kenyans.co.ke

Former Nairobi governor, Mike Mbuvi Sonko, still has a headroom to secure his political career after the Supreme Court threw out a petition against his impeachment.

It is a small window for Sonko with pundits arguing the Kenyan constitution portrays a grey area on what next after an elective leader is impeached. 

The embattled Sonko has already filed a petition at the East African Court of Justice in Arusha, Tanzania, under certificate of urgency to capitulate Apex Court decision.

Former Nairobi Governor Mike Mbuvi Sonko during a campaign trail in Mombasa
Former Nairobi Governor Mike Mbuvi Sonko during a campaign trail in Mombasa
Sonko's page

This, however, would carry no weight with pundits arguing that the court has no jurisdiction over local courts despite Kenya being a signatory.

"There is a small window depending on how they will review. EA Court of Justice can only make a review," said Maimuna Mwidau, a political analyst.

Sonko's move to Arusha mirrors a 2018 case when Martha Karua lost to incumbent Kirinyaga governor, Anne Mumbi Waiguru, over alleged irregularities in 2017 General Election.

The court ruled in Karua's favour with a Ksh2.7 million award in damages for infringement of her right to a fair trial.

EACJ First Instance Division awarded Karua the damages for infringement of her right to a fair trial and fair hearing by the government through the Supreme Court during hearing of her petition against the election of Waiguru.

IEBC in limbo over Sonko's certificate

On July 13, the High Court sitting in Mombasa ruled in favour of Sonko, arguing that the Independent Electoral and Boundaries Commission (IEBC) was unreasonable for refusing to accept certified copies of his academic papers outside the stipulated timeline.

This, according to analysts, puts IEBC chairman, Wafula Chebukati, in a tight corner on whether to withdraw Sonko's certificate to run for Mombasa governor or not.

"The High Court cleared Sonko, IEBC chair Chebukati will have to seek consent from the court to withdraw Sonko's certificate," Maimuna added.

Speaking to members of the press on Saturday, July 16, Chebukati stated that IEBC would give its stance on Sonko's fate in the coming days after holding internal discussions.

"I have not had time to look at the judgment of the Supreme Court and discuss with my team as a Commission. We shall look at the issue and maybe get back on Monday, Tuesday or Wednesday next week. We have not had time to navigate this issue," Chebukati stated.

Sonko pointed an accusing finger at Chief Justice, Martha Karambu Koome, for having a hand in a ruling which upheld his impeachment.

"Martha Koome had already taken the opinion that impeached governors are not supposed to be on the ballot which is against the constitution," Sonko argued. 

Chief Justice Martha Koome speaking on Friday June 3, 2022
Chief Justice Martha Koome speaking on Friday, June 3, 2022
Koome's Twitter