BY SAM ALFAN.
The Supreme Court has blocked the planned swearing in of acting Nairobi Governor Ann Kananu as the substantive county boss.
Justice Mohamed Ibrahim issued the temporary order, which will last for two weeks, suspending plans to swear Kananu to allow former governor Mike Sonko argue his appeal.
“I hereby grant prayers 1 and 2 of the Motion for a limited period of fourteen (14) days pending inter partes hearing of the said Motion and in terms of the provisions of Section 24 of the Supreme Court Act, 2017,” ordered Supreme Court judge.
The judge also directed the file to be placed before Chief Justice to empanel a bench of the Court to hear the application inter partes.
In his appeal, Sonko urged the Supreme Court to issue an injunction do issue, restraining Kananu from assumption of office as Nairobi Governor or otherwise occupying the office of the Nairobi City County Government until further Court orders.
Sonko moved to the Supreme Court arguing that he stands to lose his seat unfairly and unlawfully, yet he contested and won Nairobi gubernatorial elective position.
He has maintained that his impeachment was illegal and both the High Court and the Court of Appeal were wrong in rejecting his claim.
The ousted governor has further argued that Kananu was unlawfully and unconstitutionally given the position of the deputy governor. He said the appeals will be rendered an academic exercise if Kananu is not stopped from assuming the office of the governor.
“While the occupation of the elective position of a Governor such as in this instance involves an individual, and where removal by unconstitutional impeachment is involved as in this case, the voters always have a decided stake in the ultimate determination of the dispute, hence the public interest,” he argued.
He said he will lose forever his opportunity to complete his constitutional gubernatorial term if his appeals succeed. “Hence upon the success of his appeal herein, and his impeachment is successfully overturned by the Court of Appeal clearly the appeal would have been rendered nugatory,” he said.
Sonko argued that the public is also interested in the outcome of the proceedings and hence he necessity of the preservation of the status quo because the Court of Appeal was wrong by disregarding the fact that his appeal would be rendered nugatory and overtaken by events only to serve academic purpose.
Former ccity boss adds that he stands to unfairly, unlawfully, un-procedurally, and oppressively be deprived of his lawfully contested and won Nairobi Gubernatorial elective position in August 2017, which under Article 182 of the Constitution her is entitled to serve for a 5 year period unless lawfully and Constitutionally removed through a lawfully-conducted impeachment process.
