Former Nairobi Governor Mike Sonko’s application to have the city’s Deputy Governor
Anne Kananu Mwenda barred from assuming the top job at City Hall has been dismissed by the Appellate Court, paving for the latter’s swearing-in.
“Sonko is apprehensive that should Mwenda become Governor of Nairobi County, then his appeal would be rendered nugatory;
and that even if he was to succeed and the Court was to find that his impeachment was improper, then it would mean that he would not be able to return to his former position,” official documents read.
“In that application, the Court gave a conservative order for a limited time of four months as the applicant was still in office. That is not the case here.
In this case, the applicant has already been removed from the office of Governor,” said the Court of Appeal.
“If the court hearing the substantive appeal find that there has been a violation of his political rights, then those violations, since they will be personal to him, can be
vindicated by way of an order of damages, or such other order that the court may deem fit,” the court decreed.
The three-judge consisting of justices W. Karanja, J. Mohammed and J. Lesiit similarly
pointed out that Sonko has not been in office for at least 10 months as such he is effectively no longer the Governor of the County.