Ousted Nairobi Governor Mike Sonko has a sigh of relieve
after the High Court suspended the gazette notice calling for gubernatorial
by-election.
The Monday ruling by Justice Anthony Mrima saw the mini poll
slated for next month temporarily stopped, following Sonko’s petition which
challenges his impeachment.
Sonko moved to court after Nairobi MCAs and the senate
decided that he was unfit to head the county which is the country’s capital, in
December 2020.
As the order stands, clearance of candidates for the
by-election, procurement of poll materials and training of election officers by
the Independent Electoral and Boundaries Commission (IEBC), which was scheduled
for January, stand suspended.
Sonko defence team lead by Evans Ondieki, Wilfred Nyamu and
Harrison Kinyanjui told the court that the case deals with the petitioner’s
fundamental rights, violation of the constitution, law and fair administrative
justice.
Sonko also questions the swearing-in of Speaker Benson
Mutura as acting governor, arguing that it was done in violation of the
Assumption of Office of the Governor Act.
“The Act says the swearing-in should happen after 10
days but in this case, it was done within three days. There was abdication of
the duty to abide by the rule of law. After the swearing-in, the acting
governor signed into law the Finance Appropriation Bill on disbursement of
funds. Such issues may be rendered nugatory,” says his defence lawyers.
Justice Mrima also directed that the case hearing will be on
January 14.
