BY SAM ALFAN.
The Supreme Court has confirmed that an appeal filed by former Nairobi governor Mike Sonko challenging his impeachment was done within the stipulated time.
The Registrar of the Supreme Court Letizia Wachira says contrary to the affidavit filed by the Nairobi County Governor Anne Kananu to the effect that the appeal was filed out of time does not hold
In a letter to parties set to appear before the top court for the hearing of Sonko’s appeal, the Registrar Letizia said the appeal was filed on April 4 and presented at the court’s registry on May 20.
The response was prompted by an affidavit filed by Nairobi county boss Ann Kananu and a letter by her lawyers saying the case was filed outside the stipulated time frame.
“Kindly note that this appeal was lodged in our online system on the April 4, 2022. The hardcopy of the petition was presented to the registry on May 20,2022 and our ICT officers have checked our online filing system and confirmed that there has been no change or attempt to change the filing date,” states the Supreme Court Registrar.
Kananu who seems to be going after her former boss, filed an affidavit supporting the application by the IEBC seeking to strike out Sonko’s appeal.
In her affidavit she says she agrees with the IEBC statement that the notice of appeal not lodged nor served renders ineffective of any subsequent act.
She had also stated that Sonko’s appeal was filed outside the prescribed timeframe provided under Supreme Court rules without leave of the court.
The Wiper party nominee for Mombasa gubernatorial seat has a pending appeal before the Supreme Court, seeking to overturn the decision to impeach him.
“My petition is properly before Supreme Court and the same ought to be determined on merit,” Sonko said in an affidavit.
Sonko moved to the Supreme Court after his appeal was dismissed by the appellate court in April, saying he was properly removed and there was a substantive governor in office.
The former Governor has maintained that his impeachment was illegal and the court should determine whether it was done as required by the law.
He has further argued that his successor unlawfully and unconstitutionally assumed the position of the deputy governor, and her assumption to the governor’s office was against the law and the constitution.
Sonko has vowed to pursue the decision of IEBC Dispute Resolution committee dismissing his complaint against Mombasa Returning officer for declining to receive his clearance documents on grounds that he was impeached as Nairobi County Governor.
