This archive report was first published on 6 July 2021.
On 9 February 2020, a dramatic development unfolded in Nairobi County as the Court of Appeal issued a restraining order against the swearing-in of acting Governor Ann Kananu.
The order, issued by Judges Wanjiru Karanja, Jessie Lessit, and Jamila Mohammed, was in response to an appeal filed by impeached Governor Mike Mbuvi Sonko. Sonko sought to bar Kananu from assuming the substantive office of Governor for Nairobi City County or performing any roles reserved for the substantive Governor.
Sonko argued that the Nairobi County Assembly did not meet the threshold for his impeachment, as set by the Senate, the High Court, and the Court of Appeal in the case of Embu Governor Martin Wambora. He claimed that the Senate made a decision to impeach him without providing written reasons, a report reflecting deliberations, or serving him with the same.
Furthermore, Sonko alleged that the senators voted on the charges without assigning any reasons, and that at one point, Kakamega Senator Cleophas Malala stated that the Senate had already decided and that further submissions were a waste of time. This, Sonko claimed, demonstrated a predetermined position of the Senate, which was conducting a quasi-judicial function rather than a legislative one, and pointed to bias on the part of the senators.
