This archive report was first published on 22 October 2021.
On October 22, 2021, the appellate court in Nairobi delivered a significant blow to former Governor Mike Sonko, dismissing his appeal against his impeachment in December 2020.
The decision, made by Justices Wanjiru Karanja, Jamila Mohammed, and Jessie Lessit, cleared the way for Anne Kananu to assume the governorship, citing that an award of damages would be sufficient compensation for Sonko in the event of a successful appeal.
According to the judges, their decision was guided by the precedent set in Stephen Mring'a Masomo v County Government, Taita Taveta & 2 others [2016] eKLR, where it was established that an award of damages would adequately recompense a county official in the event of a successful appeal.
Sonko had challenged the High Court decision, which upheld the impeachment process by the Nairobi County Assembly and Senate, citing constitutional and statutory requirements. He had also sought to prevent Anne Kananu from ascending to office.
However, the appellate court rejected Sonko's claims of bias and failure to properly interpret the Constitution, stating that the High Court had exercised its jurisdiction correctly.
The process to impeach Sonko commenced on November 26, 2020, with a notice of motion for his removal lodged with the Clerk of the Nairobi City County Assembly. The assembly passed a resolution on December 3, 2020, and the Senate voted to remove Sonko from office on December 17, 2020.
