Former Nairobi Governor Mike Sonko has suffered another major setback after Supreme Court has striked out his appeal seeking to stop Nairobi Deputy Governor Ann Kananu from being sworn in as Governor.
According to the Apex court, Sonko’s application lacked jurisdiction to entertain it.
“We lack jurisdiction to entertain the application. Objections by the clerk, Nairobi county assembly, and county assembly sustained. Motion dated October 23 is incompetent and hereby struck out,” the court said.
This means that Kananu can now be sworn in as the Nairobi County boss.
Sonko had secured orders from the Supreme Court barring the swearing in of Kananu.
The orders were issued by Justice Mohammed Ibrahim who certified Sonko’s application urgent.
The orders directed to the county’s Assumption of Office, the Governor’s Committee and Nairobi City County will be in force for 14 days.
“I have granted the prayers for a limited period of 14 days pending inter parties hearing of the said motion in terms of provisions of section 24 of the Supreme Court act of 2017,” the judge ordered.
Sonko filed the case after the Court of Appeal declined to stop Kananu’s swearing in last month in which judges Wanjiru Karanja, Jama Mohamed and Jessie Lesiit ruled that the former Governor had not objected to the swearing in at the High Court.
In his petition, Sonko pleaded with the court to grant him orders stopping the swearing in of Kananu, saying he stands to lose the opportunity to complete his term as Governor of Nairobi County, in which he was impeached in December 2020 over abuse office among other charges.
“There is only one possible scenario that could emerge if the orders sought are not granted. I will lose forever my opportunity to complete my constitutional gubernatorial term if my appeal succeeds,” he told the Supreme Court.
Justice Ibrahim further urged Chief Justice Martha Koome to empanel a bench of the court to hear the application once the conservatory period ends.