The Court of Appeal on Friday, October 22, 2021, ruled that Mike Mbuvi Sonko has been out of office for over 10 months and is no longer Nairobi Governor.
The ruling now paves way for Deputy Governor Ann Kananu to be sworn in as the new county boss.
This comes after Sonko had moved to court appealing his impeachment while blocking the swearing-in of Kananu as governor.
File image of Anne Kananu Mwenda. |Photo| Courtesy|
In its ruling, the Appellate Court stated that there was no connection between the orders sought in the instant application and the basis of the Petition giving rise to the impugned judgment.
The court further ruled that the issue of Kananu's swearing-in was not raised in the High Court and the impugned judgment did not address or determine that issue.
"We note that the issue of the swearing-in of the 11th respondent was not a ground of appeal in the applicant’s draft memorandum of appeal. In the draft memorandum of appeal, the applicant impugns the decision of the High Court which failed and/or refused to overturn the impeachment process and the impeachment of the applicant herein.
"We, therefore, find that there is no nexus between the orders granted by the High Court and the orders sought in the instant application," the ruling read in part.
The court further stated that after Kananu assumes office as governor, Sonko's appeal would be rendered nugatory; and that even if he was to succeed and the Court was to find that his impeachment was improper, then it would mean that he would not be able to return to his former position.
In his application to block Kananu's swearing-in as governor, Sonko argued that he was elected by voters in Nairobi County, and as it is of utmost public interest that the objects of devolution as outlined in Chapter 11 of the Constitution are respected, and that leadership of the County is attained through constitutional means.