Former Nairobi Governor Mike Sonko has asked the court to overturn decisions that upheld his impeachment, arguing that findings of judicial misconduct against former High Court judge Said Juma Chitembwe raise questions about the fairness of the proceedings.
High Court Judge Gregory Mutai has directed that Sonko’s petition be heard and determined at the earliest opportunity.
Sonko is challenging the judgment delivered on June 24, 2021, which dismissed his bid to overturn his impeachment, alongside subsequent decisions by appellate courts that upheld the outcome.
In his petition, the former governor argues that Chitembwe’s participation in the three-judge bench that heard his challenge undermined his constitutional right to a fair and impartial hearing.
Sonko bases his argument on the Supreme Court’s decision upholding findings against Chitembwe arising from disciplinary proceedings over his conduct as a judge. He contends that the findings raise serious questions about the judge’s involvement in a dispute that led to the confirmation of his removal from office.
The former governor wants the court to declare the original judgment and subsequent appellate decisions null and void, arguing that the alleged compromise of judicial impartiality affected the legitimacy of the proceedings.
He is also seeking an order directing that the consolidated petitions challenging his impeachment be heard afresh on their merits before an expanded bench appointed by the Chief Justice.
Sonko is further asking the court to stop the respondents from enforcing the contested judgments while his petition is being considered.
In addition, the former governor is seeking exemplary and punitive damages over what he describes as violations of his constitutional rights.
The petition raises questions about whether findings of misconduct against a judge can provide sufficient legal grounds to reopen a case whose outcome has already been upheld on appeal.
However, Sonko’s claims remain arguments presented in his petition, and the court will have to determine whether the evidence and applicable law justify the remedies he is seeking.
Judge Mutai’s directive for the matter to be handled at the earliest opportunity does not amount to a decision granting Sonko’s requests.
The court is expected to examine the constitutional and legal issues raised before deciding whether the challenged judgments can be set aside and the impeachment dispute reheard.
