It is a sigh of relief to former Nairobi Governor Mike Mbuvi Sonko after the Supreme Court confirmed that he filed his appeal on time.
Deputy Chief Justice Philomena Mwilu, Judges; Smokin Wanjala, Isaac Lenaola and Wiliam Ouko on Monday dismissed objections filed by the Nairobi County Assembly claiming that Sonko failed to file his appeal within 30 days after the court of Appeal issued its judgment.
The County Assembly wanted Sonko’s appeal struck out claiming he filed the appeal on May 20th which was outside the prescribed time frame provided for in the rules 33(1) of the Supreme Court Rules and without leave to file out of time.
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The Judges in a ruling delivered to parties by mail however noted that there was no doubt that Sonko filed a Notice of Appeal at the Court of Appeal on 8th March 2022.
“This was four days after the Court of Appeal Judgment. The Record of Appeal at page 004509 and the fees receipt marked as annexure “MMS1” are clear evidence of that fact,” noted the Judges.
According to the Judges, there was also no doubt that Sonko filed his Petition of Appeal on the Supreme Court’s online platform on 4th April 2022 – the last day for doing so under Rule 38 (1) (a) as per the Court’s Rules.
The Judges noted that the Registrar of the Supreme Court wrote to Sonko on 18th May 2022 directing him to file the printed copy of the Petition of Appeal within 7 days which was done on 20th May 2022.
It was the Judges’ finding that although Sonko sat on the printed copy for more than one month, once directed to file the same; he did so within two days and thereafter served the respondents.
“While the conduct of the appellant (Sonko) in not filing the printed copy timeously has not been explained, the circumstances as outlined above would not lead to any adverse orders against him and although his conduct is nonetheless to be deprecated, it is the aim of this Court to focus on the substantive appeal,” ruled the Judges.
Sonko has now a fighting chance to be cleared by IEBC since he has a pending appeal. The former Nairobi governor had criticized IEBC Chairperson Wafula Chebukati over the move to lock him out of the Mombasa gubernatorial race.
