Former Nairobi Governor Mike Mbuvi Sonko has been holding meetings with his legal team, led by Senior Counsel John Khaminwa, to strategize on the way forward after the East African Court of Justice (EACJ) faulted the Supreme Court of Kenya’s handling of a petition filed by Sonko.
The petition challenged a decision barring him from holding public office. Sonko, who has been out of politics for close to five years, is confident he will get justice through his lawyers.
“The East African Court of Justice is a regional court whose work is to ensure adherence to the law in the interpretation, application, and compliance with the EAC Treaty,” Khaminwa said.
The Senior Counsel further emphasized that the former governor will achieve justice following the EACJ’s ruling.
The EACJ last week had pointed out Kenya’s apex court failed to adhere to it’s own procedural rules while handling Sonko’s petition seeking to be cleared to vie in the 2022 general elections.
“The applicant has established that there is a cause of action that depicts substance and reality. His allegations of procedural irregularities and denial of a fair trial are substantiated by evidence, including admissions by the SCOK of it’s procedural errors,” stated the regional Court, presided over by Justice Yahane B Masara.
Sonko was impeached as the Governor of Nairobi on November 26, 2020 and he moved to the High Court to challenge his ouster, but his petitions were dismissed and the case ended up at the Supreme Court.
The former Governor would later be barred from contesting in the 2022 polls, where he had declared his bid for the Mombasa Gubernatorial Seat.
While issuing a judgement on whether it has jurisdiction to hear and determine Sonko’s application on grounds Kenya’s apex court allegedly breached the East African Community Treaty, the regional court added that the former county boss demonstrated that the Supreme Court could have failed to adhere to it’s own procedural rules, which if proved, would be in violation of Article 25 of the Constitution of Kenya and Articles 6 and 7 of the Treaty.
Sonko’s case at the regional court is reinforced by the Supreme Court’s apology to his lawyers for failing to give the former Governor sufficient time to file his submissions and rejoinders to the respondents in the case.
The Supreme Court in July, 2022, apologized to Sonko’s lawyer, Nyamu and Nyamu Advocates, citing an oversight for filing to give Sonko time to file submissions and reply to respondents in the case who included the IEBC and the Nairobi City County Assembly.
“It has since come to our attention that due to inadvertent mistake, directions were not issued in respect to the petitioner filing submissions in support of the petition,’’ stated a letter from the Supreme Court’s Registrar, Letizia Wachira.
The regional court Judges, Masara, Dr Charles Nyawello, Richard Muhumuza, Richard Wabwire and Dr. Leonard Gacuko also added that SCOK imposed a hearing date of Sonko’s petition without giving him a reasonable opportunity and time to file and reply to respondents in the case.
“The proceedings before the Supreme Court were deliberately conducted in haste and contrary to the Supreme Court of Kenya Rules, the Supreme Court of Kenya Act and in accordance with the principles under the Treaty of the Establishment of the East Africa Community on adherence to the rule of law,” added the Judges.
The regional court further stated that Sonko has demonstrated that he would suffer irreparable harm if the orders sought are not granted.
“The Supreme Court’s decision to bar him for life from participating in political activities has profound and far-reaching consequences. The impact on his political rights, reputation and capacity to engage in public service underscores the irreparable nature of the harm he faces,” added the Arusha based Court.
