BY SAM ALFAN.
It is a big win for former Nairobi Governor Mike Sonko after Supreme Court dismissed an application seeking to dismiss his appeal.
A bench of five judges of the Supreme Court judges led by Deputy Chief Justice Phiomena Mwilu dismissed an objection filed by Sonko’s successor Anne Kananu and the Nairobi county assembly, which sought the appeal to be struck out for allegedly being filed out of time.
The judges noted Sonko filed his appeal within two days and thereafter served the respondents.
“Having therefore, considered the motion, preliminary objection plus responses, we must dismiss the motion and overrule the preliminary objection,” Justices Mwilu, Smokin Wanjala, Njoki Ndung’u and William Ouko ruled.
The assembly had sought Sonko’s appeal to be struck out for having been filed out of time.
The assembly argued that the appeal, which challenges Sonko’s impeachment in 2019, is therefore incompetent, null, void and of no legal consequence.
However, Supreme Court Registrar confirmed that an appeal filed was done within the stipulated time.
The Registrar of the Supreme Court Letizia Wachira says contrary to the affidavit filed by 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.
