Former Nairobi Governor Mike Sonko Moves to Court to Challenge His Impeachment

Former Nairobi Governor Mike Sonko has moved to court to challenge his removal from office.

In a petition filed through lawyers Evans Ondieki and Wilfred Nyamu on Monday, Sonko claims that the Senate, which upheld his impeachment by the Nairobi County Assembly, was biased.

Sonko adds that political doctrine was applied in his impeachment instead of the law and the Constitution, stating that his pleadings and submissions were ignored.

He wants the court to issue a temporary injunction restraining the Independent Electoral and Boundaries Commission (IEBC) from publishing a notice announcing the date for the Nairobi gubernatorial by-election pending the hearing and determination of his application.

"It will only be fair and just if they are restrained from taking any further action that is prejudicial to my rights," Sonko states.

In documents filed in court, Sonko argues that his ouster was highly politicized, adding that the process overturned the popular will of the people as contained in Article 1(1) of the Constitution.

"He will suffer irreparable damage not compensable in monetary terms because he stands to lose his position as the second governor of Nairobi City County without the due process of the law, the rule of law and constitutionalism," the petition reads in part.

He faults Senators for failing to confirm whether the impeachment motion was supported by evidence and failing to evaluate the evidence presented before them during the trial.

Sonko further avers that there was no public participation at the county assembly level and that he was denied the opportunity by MCAs to defend himself during the proceedings.

"I was prejudiced by the lack of compliance by Parliament with Article 181(2) of the Constitution of Kenya to guide the process undertaken within a proper legislated framework," says Sonko.

Sonko wants the court to declare his impeachment as unconstitutional.