Former Nairobi Governor Mike Sonko has secured priority consideration of his fresh petition seeking to overturn court judgments that upheld his impeachment, reopening a legal dispute over the circumstances surrounding his removal from office.
High Court Judge Gregory Mutai directed that the petition be determined at the earliest opportunity, saying the issues raised warranted prompt consideration. The direction does not, however, mean that Sonko’s impeachment has been overturned or that the reliefs he is seeking have been granted.
Sonko is challenging a June 24, 2021, judgment that dismissed his earlier challenge to his removal, alongside subsequent appellate decisions. He argues that findings of judicial misconduct against former High Court Judge Said Juma Chitembwe raise questions about the fairness and constitutional validity of the proceedings.
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In his petition, Sonko contends that Chitembwe’s participation in the three-judge bench that heard his impeachment challenge compromised his right to a fair and impartial hearing.
The bench also comprised Justices Wilfrida Okwany and Weldon Korir.
Sonko relies on the Supreme Court’s December 2023 decision upholding findings against Chitembwe in disciplinary proceedings, arguing that the misconduct findings are relevant to the case in which the former judge participated.
The former governor wants the High Court to declare the June 2021 judgment and subsequent appellate decisions null and void.
He is also seeking an order directing that the consolidated petitions challenging his impeachment be reheard on their merits before an expanded bench appointed by the Chief Justice.
Beyond seeking a fresh hearing, Sonko wants the court to restrain the enforcement of, and continued reliance on, the disputed judgments while his petition is being considered.
He is also asking the court to direct Kenya Law Reports to remove the contested decisions from its website and to award him exemplary and punitive damages over the alleged violation of his constitutional rights.
These are reliefs sought by the petitioner and remain subject to the court’s determination.
Justice Mutai directed that the petition and accompanying application be served on the respondents and interested parties, who will then have an opportunity to file their responses.
According to the court directions reported on October 19, the respondents and interested parties have 14 days after service to enter appearances and respond. Sonko will have a further 14 days after receiving those responses to file replies and written submissions, followed by time for the other parties to file their submissions. The highlighting of written submissions is scheduled for January 25, 2027.
The court’s decision to prioritise the petition does not determine whether the earlier judgments should be set aside. That question remains for the court to decide after considering the parties’ arguments and the applicable law.
The case raises a significant constitutional question: whether findings of judicial misconduct made after a judgment can provide sufficient legal grounds to reopen proceedings that have already passed through the appellate courts.
For now, Sonko’s request for the judgments to be nullified and the impeachment challenge reheard remains unresolved.
