Sonko moves to Appeals Court over his impeachment

Nairobi Governor Mike Sonko has sought to overturn the 2021 judgment that upheld his impeachment by moving to the High Court. Sonko argues that the decision was tainted by judicial misconduct, specifically the failure of judge Said Juma Chitembwe to disclose his relationship with Sonko and recuse himself from proceedings. Sonko's constitutional petition seeks to declare the judgment a mistrial and nullity, claiming that Chitembwe's actions compromised the fairness and integrity of the impeachment process.

Sonko's motion is supported by twelve interested parties, including the Independent Electoral and Boundaries Commission, activist Okiya Omtatah, the Nairobi County Assembly and the Senate. The court has directed that the petition and accompanying application be served on the respondents within seven days and that all parties have 14 days to file their responses.

A hearing on the matter is scheduled for January 25, 2027, during which Sonko will file his rejoinders and written submissions. At the heart of the dispute is Chitembwe's participation in the three-judge bench that dismissed Sonko's challenge to his impeachment. In a separate case, the Supreme Court upheld a tribunal's recommendation for Chitembwe's removal from office due to breaches of constitutional and ethical obligations, including his failure to recuse himself and disclose his relationship with Sonko.

Sonko argues that these findings raise fundamental questions about the fairness of the 2021 judgment, which he claims was reached in violation of the constitutional right to a fair hearing before an independent and impartial court.