Former Nairobi Governor Mike Sonko has renewed his criticism of Kenya’s Supreme Court, questioning how it handled his appeal against his impeachment and hinting that he is preparing to file a fresh application seeking a review of the ruling based on what he describes as new and compelling evidence.
In a detailed statement issued on Thursday, Sonko questioned why the Supreme Court is now seeking the opinion of Attorney General Dorcas Oduor on whether a public official who has been removed from office can contest an election while an appeal is still pending, despite the court having previously ruled on a similar issue in his own case.
Sonko also revisited events leading up to the Supreme Court’s July 2022 decision that upheld his impeachment. He claimed that then-Chief Justice Martha Koome publicly stated, while his appeal was still pending, that once a governor is impeached, the removal remains final.
According to Sonko, he formally requested that the Chief Justice recuse herself from the case, arguing that the remarks created an appearance of bias. However, he said the request was declined and the Chief Justice went on to participate in the final judgment.
The former governor further questioned the sequence of events surrounding his appeal, saying that on July 13, 2022, the High Court in Mombasa ruled that because his Supreme Court appeal had not been concluded, he had not exhausted all legal avenues and was therefore eligible to be cleared by the Independent Electoral and Boundaries Commission to contest the Mombasa gubernatorial election.
He alleged that on the same day, the Supreme Court directed him to file submissions within hours, heard the appeal on July 14, and dismissed it on July 15, despite his lawyers requesting additional time because they were engaged in proceedings before the Mombasa High Court.
Sonko maintained that his impeachment was politically motivated, claiming that some individuals who supported the impeachment process later distanced themselves from it, alleging they had acted under pressure.
He also cited a ruling by the East African Court of Justice, saying the regional court identified procedural shortcomings in the handling of his case and found that some actions violated his constitutional right to a fair hearing as well as principles of good governance and the rule of law under the East African Community Treaty.
Sonko said the issues he is raising go beyond his personal case and touch on judicial independence, transparency, and public confidence in the justice system. He questioned why public comments were made about his case while it was still before the court, why his request for the Chief Justice to recuse herself was rejected, why he was given only a few hours to file submissions, and why the Supreme Court is now seeking legal guidance on an issue he says it had already determined in his case.
The Supreme Court has not publicly responded to Sonko’s latest remarks.
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