Blow to Mike Sonko After Supreme Court Dismisses Appeal Against His Impeachment as Nairobi Governor

The Supreme Court has thrown out Mike Sonko’s appeal challenging his impeachment as Nairobi County governor.

The seven-judge bench, in a joint verdict delivered on Friday, ruled that the impeachment proceedings against Sonko 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 County Assembly and the Senate.

“From the record and submissions before this court, we come to the irresistible conclusion that the impeachment of the appellant was in compliance with the Constitution and the law. We, therefore, find no merit in the Petition of Appeal,” the judges ruled.

The ruling effectively locks Sonko out of the Mombasa gubernatorial contest in the August 9th general elections.

Article 75(3) of the Constitution states that “a person who is removed from office on contravention of Chapter 6 of the Constitution is disqualified from holding any other State or public office whether elective or appointive.”

Sonko was cleared to vie for the Mombasa governor seat on Thursday, a day after the High Court quashed an earlier decision by IEBC to disqualify him on grounds that he had been impeached from office.

A three-judge bench ruled that Sonko, who is eyeing the seat on a Wiper party ticket, has an appeal pending at the Supreme Court and that he has not exhausted his options for contesting his impeachment. The judges directed the electoral commission to accept Sonko's documents and clear him to vie for the position of Mombasa governor.

Sonko was impeached in December 2020 by the Nairobi County Assembly and the Senate on grounds of gross violation of the constitution, abuse of office, misconduct, and crimes against national law.