The Appellate court has finally cleared the way for deputy governor Anne Kananu to be sworn in as Nairobi’s third governor.
A three-judge bench on Friday noted that the former governor, Mike Sonko, has been out of office for over 10 months and is such no longer the county boss.
The court also ruled that should Sonko’s appeal be successful and it is found that his political rights were indeed violated, then he can be paid for damages.
While dismissing Sonko’s petition dated June 29, 2021, in which he sought to bar Kananu from taking office, the court ruled that it was without merit.
The court declared that the application did not meet the threshold set for such applications under the rules of the Court of Appeal.
Justices Wanjiru Karanja, Jamila Mohammed and Jessie Lesiit also noted that the issue of swearing-in Kananu was not among the grounds raised by Sonko in his appeal.
“We find that the issue of the swearing-in of the 11th respondent was not raised in the High Court and the impugned judgment did not address or determine that issue,” the court ruled.
Following his removal from office in December 2020, Sonko moved to the High Court challenging his ouster. County Assembly Speaker Benson Mutura was sworn in as acting governor but later stepped down after MCAs vetted and swore in Kananu.
A three-judge bench dismissed the petition on grounds that the impeachment process fully complied with the law.
As a result, Sonko moved to the court of appeal where he faulted the lower court’s decision saying the judges failed to properly address the constitutional violations itemised in the petition.