Former Nairobi Governor Sonko Challenges Impeachment Over Judge’s Conduct — Nation Kenya
Former Nairobi Governor Mike Sonko has filed a new lawsuit with the High Court of Kenya, asking it to overturn the June 24, 2021 decision that upheld his impeachment. He argues that the misconduct of one of the judges who heard the case violated his right to a fair trial.
Sonko is also asking for subsequent appellate decisions to be declared invalid and for a temporary ban on relying on the High Court’s finding when deciding matters related to his political career. He says that the validity of this decision prevents him from participating in elections and holding political office.
Impeachment decision
As reported by Nation Kenya, Sonko was elected Governor of Nairobi in August 2017, and the Senate removed him from office on December 17, 2020. Before that, the Nairobi County Assembly impeached him for gross violations of the Constitution and other laws, abuse of office, gross misconduct, and alleged crimes under national law.
On June 24, 2021, a three-judge High Court bench — Said Juma Chitembwe, Weldon Korir and Wilfrida Okwany — upheld the impeachment. The Court of Appeal upheld the decision on March 4, 2022, and the Supreme Court dismissed Sonko’s appeal on July 15 of the same year.
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Questions regarding the judge
The new lawsuit is linked to disciplinary proceedings against Chitembwe. The Judicial Service Commission launched an investigation after audio and video recordings involving the judge and connected to Sonko were publicly released. The tribunal heard the recordings and testimony about meetings involving Chitembwe, where real estate transactions and possible grounds for challenging the impeachment decision were discussed.
The tribunal found that the allegations of Chitembwe’s misconduct had been proven and recommended his removal from office. On December 28, 2023, the Supreme Court dismissed his appeal and upheld the tribunal’s recommendation. Sonko considers these findings material to assessing the independence and impartiality of the consideration of his case.
In July 2024, the Supreme Court had already denied Sonko’s request to introduce additional evidence and review the 2022 decision, stating that it was not convinced of the relevance of evidence concerning Chitembwe’s conduct to the impeachment case. Justice Gregory Mutai ordered Sonko to serve procedural documents on the respondents and interested parties within seven days; they will then have 14 days to respond. The consideration of the parties’ written submissions is scheduled for January 25, 2027.
