Categories
Default

Kenya: Supreme Court to Hear Sonko Impeachment Review Application

Nairobi — The Supreme Court is set to begin hearing the impeachment review application by the former Nairobi Governor Mike Sonko.

This is after the respondents the County Assembly of Nairobi, the Senate, and the Independent Electoral and Boundaries Commission (IEBC) sought more time to file their responses and submissions on the matter.

The Deputy Registrar Bernard Kasavuli allowed their request and also ordered Sonko through his lawyers led by John Khaminwa to file his submissions in the matter by close of business on Tuesday.

On the issue of video clips filed in court by Sonko as evidence, the Registrar said he will also give directions during the sitting.

The directions come after Sonko returned to the apex court asking the judges to set aside their own decision three days after the court dismissed the appeal against his impeachment.

IEBC revoked Mike Sonko’s candidature following the Supreme Court ruling that upheld his impeachment as Nairobi Governor.

The decision to revoke his nomination certificate issued just last week was communicated by the commission’s Mombasa Returning Officer Swalhah Yusuf.

“In adherence to the Supreme Court judgment, you are, therefore, disqualified from holding any public office and thus disqualified from contesting and being elected as the Governor of Mombasa County or any other county,” he said in the letter dated July 18.

“Your candidature is invalidated and your certificate revoked,” he said.

And even though Sonko’s legal counsel argues that the Supreme Court had not vacated the orders issued by the High Court ordering for his clearance, IEBC holds that the High Court acted within the provisions in the law for an appeal.

According to the electoral commission, the move to withdraw Sonko’s clearance was also hinged on Article 75 (3) of the Constitution.

Under Article 75 (3), a person “dismissed or otherwise removed from office for a contravention of the provisions specified in clause (2) is disqualified from holding any other state office.”

Having contravened Article 192 (2) of the constitution by contravening Chapter Six of the constitution, IEBC elaborated that it might be the end for Sonko as he is lawfully barred from contesting for the member of county assembly slot.

“I wish to draw to your attention to the fact that on 15th July the Supreme Court of Kenya in the subject of the appeal held that your impeachment was procedurally fair and in accordance of the constitution that you were removed from office for contravening the provision of Chapter Six and that you have exhausted all possibilities of appeal,” the Mombasa returning officer stated.

Leave a Reply

Your email address will not be published. Required fields are marked *