Former Nairobi Governor Mike Sonko has suffered a major setback after the Supreme Court upheld his impeachment.
A seven-judge bench constituted to listen to the former county head's appeal ruled that his impeachment proceedings in the Nairobi county assembly and the Senate were conducted in adherence to the law.
"Upon consideration, we dismiss the appeal by Sonko for the reasons that the impeachment proceedings before the County Assembly and the Senate were properly conducted in accordance with Article 181 of the Constitution, Section 33 of the County Governments Act and Standing Orders of the Assembly and the Senate," the judges ruled.
"Chapter Six of the Constitution was not enacted in vain or for cosmetic reasons. The authority assigned to a State officer is a public trust to be exercised in a manner that demonstrates respect for the people; brings honour to the nation and dignity to the office, and promotes public confidence in the integrity of the office. It vests in the State officer the responsibility to serve the people, rather than the power to rule them," the seven judges added.
Seven-judge bench dismisses Sonko's appeal
The apex court also has dismissed Sonko's allegations that his impeachment was illegal saying that he was accorded adequate time and facility to respond to the charges against him both at the county assembly and in the Senate.
“The form of verification envisaged in the context of an impeachment motion is a signed copy of the motion by the Mover and verified by the signatures of at least a third of the members in support of the motion and not an affidavit or any form of disposition,” the bench, led by CJ Martha Koome, said.
The Apex court also noted that the County Assembly, the Senate and the two superior courts below were convinced that the four impeachable charges facing the former county chief were proved to the standard required in such circumstances.
The decision of the top court in the land now complicates the fate of Sonko's Mombasa gubernatorial bid.
Sonko had moved to the Supreme court after the challenge of his impeachment before the High Court and Court of Appeal were unsuccessful.
He wanted the court to declare Senate's resolution to uphold his impeachment on December 17, 2020, as unconstitutional.
Sonko was sent packing from office in December 2020 after 88 Members of the County Assembly (MCAs) supported a motion accusing the governor of violating the Constitution, abuse of office and gross misconduct with only two voting against it.
