High Court Judge Weldon Korir on Monday declined to stop an alleged plan to impeach Nairobi Governor Mike Sonko by a section of city ward representatives.
Justice Korir dismissed an application filed by two Nairobi-based activists until a formal application is lodged.
The judge told the two applicants, George Bush and Lawrence Oyugi of Concerned Citizens Alliance, to file a formal application in regard to the planned impeachment.
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They had asked the court to grant an order stopping the said impeachment, saying that some members of the Nairobi County Assembly were planning to impeach Sonko.
Meanwhile, the court also declined to stop the criminal proceedings against Sonko following his arrest on December 6, 2019.
But Justice Korir directed the two to serve the Director of Public Prosecution (DPP) with their application seeking to stop Sonko’s prosecution.
The DPP has 14 days to file his response on the above application.
In the application, the two claimed that Sonko's fundamental rights were violated during his arrest.
“That the status of sonko is as unconvicted man with equal rights especially that of presumption until proven guilty was not recognised," reads the petition.
Further, the activists argued that Sonko having suffered breach on his right as an accused person coupled with legal inconsistencies is not properly before the court as an accused person but a victim.
The duo further want all the criminal proceedings against sonko halted.
“That inhumane and violent arrest of Sonko has undermined his authority as the governor of Nairobi City County," the petitioners said.
On Wednesday, Sonko is expected to appear before a Voi court to answer to assault charges for attacking a senior police officer during his arrest.
