Reprieve for Mike Sonko as impeachment case prioritised

Nairobi Governor Mike Mbuvi Sonko has gained a favorable outcome as the Milimani High Court has instructed petitions seeking to overturn his impeachment rulings to be given top priority and addressed promptly. In his legal challenge, Sonko disputes the decisions validating his removal from office, contending that judicial misconduct allegations against former High Court Judge Said Juma Chitembwe tainted the integrity and legitimacy of the initial proceedings.

Sonko contends that the presence of Judge Said Chitembwe on the tribunal compromised the fairness of the trial and infringed upon his entitlement to a just trial. He supports a Supreme Court ruling that confirmed Chitembwe’s misconduct, arguing that the judge’s unethical behavior directly impacted Sonko’s case. Consequently, Sonko seeks the High Court to declare the June 24, 2021 judgment and all subsequent appellate decisions null and void.

Furthermore, he is requesting a court order for the consolidated petitions questioning his impeachment to be re-evaluated on their merits by a larger High Court panel appointed by the Chief Justice. Additionally, Sonko is demanding the court halt the enforcement of the disputed rulings, instruct Kenya Law Reports to remove the rulings from its website, and grant him exemplary and punitive damages for the violation of his constitutional rights.

Sonko's legal move raises significant constitutional inquiries regarding the consequences of judicial misconduct on judicial verdicts and whether subsequent findings of misconduct against a judge should prompt the reopening of cases that have already reached the appellate stage. Judge Gregory Mutai is now set to assess the arguments presented in the petition to ascertain whether the requested reliefs can be granted under the Constitution and relevant laws.