Former Nairobi Governor Mike Sonko has lost the plea to stop the Director of Public Prosecutions (DPP) and the Ethics and Anti-Corruption Commission (EACC) from detaining and prosecuting him for what he termed illegal arrest and trial.
The petition was dismissed by a three-judge panel consisting of Grace Nzioka, Esther Maina and James Wakiaga who cited no justification or basis for their decision.
The judges directed the petitioner to another court, which they did not name.
Sonko, through his lawyer Harrison Kinyanjui, filed a constitutional petition demanding multiple declarations, including the EACC’s unconstitutional arrest, imprisonment, and search of his bank account, as well as the DPP’s prosecution.
The lawyer said that the court is supposed to uphold the rule of law and protect the rights of individuals who seek justice from the judiciary.
“My client is being told to go to another court which has not been specified and has approached a constitutional court with powers to make certain declarations,” Kinyanjui stated.
According to the lawyer, another issue on which the court should have made a ruling is the arrest of Governors with a group of 50 or 100 police officers on a Governor who is not armed or fleeing.
He also questioned and sought a ruling from the court prohibiting the Governor from returning to office following the indictment.
Kinyanjui stated the judiciary has always avoided making decisions that will pave the path for human rights protection.
He pondered why the Milimani High Court is still closed, even though lawyers are being requested to file and prosecute cases digitally, while politicians, churches, and other public locations are observed assembling in big numbers.
He went on to say that the judiciary needed to wake up and open the high court and appellate courts so that mitigation could take place.