Supreme Court Says Sonko Filed Appeal Against Impeachment On Time

The Supreme Court has affirmed that former Nairobi Governor Mike Sonko’s appeal, which contested his impeachment, was submitted within the allotted time frame.

The Supreme Court’s Registrar, Letizia Wachira, stated on Wednesday that the appeal was filed on April 4 and delivered at the court’s registry on May 20 in a letter to parties scheduled to appear before the court for the hearing of the former governor’s appeal.

The aforementioned appeal challenges the Court of Appeal’s ruling sustaining Sonko’s impeachment, which was issued on March 4, 2022.

An affidavit from Nairobi Governor Ann Kananu and a letter from the Nairobi County Assembly asserting that the appeal was lodged beyond the allotted 30-day window led to the registrar’s letter.

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They demanded that the appeal be dismissed since it was submitted after the deadline and without the highest court’s consent.

“Our ICT officers have checked our online filing system and confirmed that there has been no change or attempt to change the filing dates,” Ms Wachira said.

In a letter dated June 17, 2022, the county assembly alleged that Sonko’s appeal had been filed with a backdated date due to an “illegal adjustment made in the Judiciary’s computerized filing system.”

The appeal was actually filed on May 20, 2022, contrary to the assembly’s claim that it was dated April 1, 2022.

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“It is very strange that all of a sudden, the date of the filing of the said appeal has changed now when there is a preliminary objection and an application based on the timelines of the appeal. Kindly note that the said alteration made raises serious issues on the reliability and the integrity of the Judiciary e-filing system,” said the assembly’s lawyer, Mr Duncan Okatch.

The Independent Electoral and Boundaries Commission’s Dispute Resolution Committee has since prohibited Sonko from running for governor of Mombasa on grounds that he was impeached.

The former governor, however, asserts that he is pursuing an appeal with the Supreme Court to have the impeachment thrown out.

The election commission has also contended that the case was filed outside the necessary timeframes without the court’s permission in court documents submitted to the Supreme Court.

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In an affidavit, Ms Kananu said that the petition’s tardy filing demonstrated her predecessor’s lack of interest in the appeal.

“That the will of the people of Nairobi exercised by the Senate by impeaching the appellant (Sonko) in 2020 should not be subverted by endless mutating litigation,” she said.

She also agrees with IEBC’s claim that the Supreme Court appeal was filed outside the permitted window of time specified in the rules of the Supreme Court and without the judges’ consent to file late.

“I agree that electoral disputes should have some degree of finality and certainty,” she said.

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After the Court of Appeal rejected his appeal of the High Court’s decision upholding his impeachment, the former Makadara MP proceeded to the Supreme Court. According to the appellate court, he was duly dismissed from office and a legitimate governor was installed.

The charges brought against the former county chief were proven beyond reasonable doubt, said the three-judge bench. The judges also stated that the County Assembly and the Senate should not be criticized for impeaching him.

“In addition to the foregoing, the County Assembly, the Senate and the trial court were satisfied that Sonko grossly misconducted himself by repeatedly using abusive, embarrassing, inappropriate and unprintable language, which undermined the office of governor,” said judges Roselyn Nambuye, Hannah Okwengu and Imaana Laibuta.

Since then, the former governor has argued that the court should decide whether or not his impeachment was legal.

He has added that his successor’s assumption of the governor’s office violated both the law and the Constitution, and that it was illegal and unconstitutional for her to assume the position of deputy governor.