Mombasa High Court Judge Justice Olga Sewe on Wednesday, May 17, dismissed a petition that was filed by Former Nairobi Governor Mike Sonko against the Supreme Court.
While delivering the ruling, Judge Sewe noted that she did not have the powers to determine if Sonko's political rights were violated by the Supreme Court Justices who barred him from ever contesting for a political office after being impeached.
Judge Sewe noted that her court did have jurisdiction to hear the petition that was filed against seven Justices of the Supreme Court, including Chief Justice Martha Koome.
“I take the view that since this petition sounds more of judicial review than in violation of the constitutional right to (a) fair hearing, it is a matter that falls outside the mandate of the court by dint of Article 165(6) of the constitution,” Justice Sewe observed.
Sonko had asked Mombasa High Court to direct the Supreme Court to institute a legal process that would ensure that his case was re-litigated and heard afresh by the apex court.
However, Sewe stated that the relief that was sought by the former Nairobi Governor was null and void, as such, the Supreme Court ruling was reinforced by Mombasa High Court.
She ruled that the Constitution had limited her but went ahead and established the merit in the preliminary objection to the petition by the Supreme Court, hence striking out Sonko's petition.
“I have in mind Article 165 (6) which limits the supervisory jurisdiction of the High Court to subordinate courts as opposed to the superior courts,” Sewe stated.
Through lawyers John Khaminwa and Derrick Odhiambo, Sonko previously argued before Judge Sewe that Supreme Court just like any other State organ could be subjected to a lawsuit.
Dr Khaminwa told the court that Sonko's rights were violated and appropriate measures should have been taken by Mombasa High Court to correct the legal anormally.
Sonko was impeached as the Governor, on December 18, 2020. He was accused of gross violation of the Constitution and other laws, abuse of office, commission of crimes under national laws and lacking the mental capability to run the county government.
The impeachment motion was initiated by the Nairobi County Assembly after a petition was filed by a member of the public, Dennis Waweru. The petition alleged that Sonko had been involved in a number of corrupt activities, including the awarding of contracts to friends and family members without following due process.
Sonko denied the allegations and challenged the impeachment motion in court. However, the court dismissed his challenge and upheld the impeachment motion.
In the run-up to the 2022 General Election, Sonko was barred from vying for a political seat, after shifting base to Mombasa and declaring interest in the governorship.
