Supreme Court Grants Sonko His Wish, Stops Swearing In of Ann Kananu

Former Nairobi Governor Mike Sonko can now smile after securing orders from the Supreme Court deterring the swearing-in of acting Governor Anne Kananu.

The orders, issued on Monday 25^th October 2021 by Justice Mohammed Ibrahim and directed to the county’s Assumption of Office, the Governor’s Committee, and Nairobi City County, will be in force for the next 14 days.

“I have granted the prayers for a limited period of 14 days pending inter parties hearing of the said motion in terms of provisions of section 24 of the Supreme Court act of 2017,” ordered the judge.

Sonko’s case comes after the Court of Appeal declined to stop Kananu’s swearing-in last week and ordered that she be sworn in as the governor. Judges Wanjiru Karanja, Jama Mohamed, and Jessie Lesiit ruled that the former Governor had not objected to the swearing-in at the High Court.

In his petition, Sonko asked the court to grant him orders stopping the swearing-in of Kananu, saying he stands to lose the opportunity to complete his term as Governor of Nairobi County.

According to Mike Sonko, should Kananu become the substantive Governor, his appeal would be rendered useless and even if he was to succeed and the court was to find that his impeachment was not under the law, he would not be able to return to his former office as Nairobi governor.

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“There is only one possible scenario that could emerge if the orders sought are not granted. I will lose forever my opportunity to complete my constitutional gubernatorial term if my appeal succeeds,” Sonko told the Supreme Court.

Chief Justice Martha Koome has been urged to form a panel of judges who will hear Sonko’s application case after the 14 days are over as per the law.

Mike Sonko was removed from the office on December 17, 2020, through the senate vote after the Assembly passed a resolution under Article 181 of the Constitution and section 33 of the County Government Act

Shortly after his impeachment, the Nairobi County Speaker was sworn in as Acting Governor after which Kananu was vetted and sworn in as Deputy Governor.

Even though the former Nairobi governor Mike Sonko still believes he was thrown out of office improperly, the Appellate court ruled that he has been out of office for more than 10 months and is effectively no longer the governor of Nairobi.