High Court Suspends Nairobi Gubernatorial By-Election

The High Court has temporarily suspended the Nairobi gubernatorial by-election following a case filed by Governor Mike Sonko challenging the process leading to his impeachment.

Justice Antony Mrima on Monday issued an order suspending the mini-election pending the hearing and determination of the case.

Judge Mrima certified the case as urgent, indicating that the petitioner and the Nairobi County Assembly presented important arguments. He added that it was necessary to halt the by-election process and hear them first.

Ndegwa Njiru, the lawyer representing the assembly, and Sonko’s legal team expressed satisfaction in the ruling and requested that the matter be heard by more than one judge.

Justice Mrima will make a ruling on whether the matter will be heard by a bench on January 14th.

Lawyer Ndegwa further noted that Sonko had nominated Ann Kananu to be the deputy governor and should be sworn-in as the governor if the petitioner who moved to court to oppose the nomination drops the case.

Last month, the Independent Electoral and Boundaries Commission (IEBC) announced February 18th as the date for the Nairobi gubernatorial by-election. 

In his case, Sonko argues that his ouster was done in utter breach of the democratic principles and separation of powers.

Sonko further avers that some MCAs voted virtually, which is not provided in the law or standing orders, adding that the Zoom system used on the voting day was interfered with.

 "The MCAs who were outside Nairobi have alleged that their accounts were hacked and/or corrupted and strangers purported to Log In and vote on their behalf," he said.

"There was double, and in some cases, quadruple cases of logging into peoples' accounts, which raises serious questions about the integrity of the process," he adds.

He further claims that records show 146 people voted in the impeachment motion which is more than the 122 members of the assembly. He adds that the assembly did not accord him time to defend himself.