Former Nairobi Governor Mike Sonko has been dealt a blow in his bid to block the swearing-in of Ann Kananu as the city boss.
The Supreme Court on Monday struck out Sonko’s petition arguing that it doesn’t have the jurisdiction to hear the matter.
“The court, we conclude lacks jurisdiction to entertain the application,” part of the ruling read.
Supreme Court judges ruled that with the absence of a judgment of the Court of Appeal the application by Sonko is premature and does not meet the threshold of the Constitution.
The ruling paves way for the swearing of Kananu as the third governor of Nairobi.
Read: Blow to Sonko as Appellate Court Paves Way for Anne Kananu’s Swearing in as Governor
Sonko, who was impeached in December last year, moved to the Apex court after the Court of Appeal dismissed his application to block Kananu from taking over as Nairobi boss.
In a ruling delivered last month, Appellate Judges Wanjiru Karanja, Jessie Lessit, and Justice Jamila Mohammed found that Sonko’s appeal was against the High Court decision which dismissed his application challenging his impeachment and had nothing to do with Kananu being sworn in.
The trio noted that Sonko has been out of office for over 10 months and is such no longer the county boss.
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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.
They declared that the former county chief’s application did not meet the threshold to be granted the order and that the issue of swearing-in Kananu was not among the grounds raised in his appeal.
Following his removal from office, 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.
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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.
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