AG Kihara given 45 days to respond to Sonko’s suit at East African court

By , K24 Digital
On Mon, 18 Jul, 2022 19:35 | 2 mins read
Mike Sonko during a Facebook live session on Saturday, July 16. PHOTO/Facebook
Mike Sonko during a Facebook live session on Saturday, July 16. PHOTO/Facebook

Attorney General Kihara Kariuki has been granted 45 days by the East African Court of Justice to file his response in a case where former Nairobi governor Mike Sonko is challenging the Supreme Court's decision to uphold his impeachment.

A notification sent to Kihara by the regional court's Registrar stated that he had been given timelines to respond, failure of which the matter will proceed in his absence.

The development comes hours after Sonko petitioned the court to certify the matter urgently and temporarily stop the implementation of the judgment rendered by the top court in the country on Friday, July 15.

However, in the matter, the former governor also filed at the Supreme Court seeking a review of its decision that upheld his impeachment, the Deputy Registrar of the Court Bernard Kasavuli has directed the same to be mentioned on July 25, 2022.

The Apex Court Registrar has also directed Sonko to serve all the respondents including the Senate and clerk of the Nairobi County Assembly in the matter with his review pleadings forthwith.

Document filed at EAC, Sonko says the decision of the Supreme Court and courts of Kenya was arrived at in an unjust manner.

"His fundamental political rights and freedoms were illegally, unlawfully, and unjustifiably curtailed over a flawed judicial process tainted and marred by illegalities, lack of transparency, lack of accountability, and failure to adhere to the rule of law," his lawyer says

Sonko adds that the judgment of the Apex court its effect is to curtail his political rights and the people he represents.

In the review papers, wants the Apex court to set aside its decision on grounds that Justice Said Chitembwe, who was part of the bench that upheld his impeachment, is expected to be investigated over misconduct allegations.

Part of the complaint before the tribunal, he says, is that Chitembwe was biased and mischievous in the manner in which he handled his impeachment case.

"The determination of the proceedings before the tribunal will have a bearing on the challenged judgment of the high court culminating in this appeal," Sonko said.

Sonko says it's only fair if the Supreme court judgment is reviewed or set aside and heard under the circumstance that the conduct of Chitembwe would be considered.

Sonko's IEBC clearance revoked

The former governor today also suffered a major setback after the election commission revoked his clearance to vie for Mombasa gubernatorial seat in the August general elections.

"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 or any other county.

"Your candidature is invalidated and your certificate revoked," a letter by Mombasa County Returning Officer Swalhah Ibrahim Yusuf read in part.

On December 20, 2020, the Senate found Sonko guilty of four charges as framed by the Nairobi County Assembly and forwarded for ratification by the Senate which exercises supervisory functions on counties.

The charges stem from tenders of service delivery at City Hall during his tenure as the Governor.

Following the Apex court decision, Sonko now can never hold a public office since he offends Chapter 6 of the Constitution.