High Court Judge Gregory Mutai has directed that a petition by former Nairobi Governor Mike Sonko seeking to nullify court decisions upholding his impeachment be determined at the earliest opportunity.
Sonko is challenging the judgments that upheld his removal from office, arguing that findings of judicial misconduct against former High Court judge Said Juma Chitembwe raise questions about the fairness and constitutional validity of the proceedings.
The former governor contends that Chitembwe’s participation in the three-judge bench that dismissed his challenge to the impeachment compromised his right to a fair and impartial hearing.
In his petition, Sonko relies on the Supreme Court’s decision upholding findings against Chitembwe, arguing that the misconduct established during disciplinary proceedings is relevant to the case the judge presided over.
He is asking the court to declare the original High Court judgment delivered on June 24, 2021, together with subsequent appellate decisions, a nullity.
Sonko also wants the consolidated petitions challenging his impeachment reheard on their merits before an expanded bench appointed by the Chief Justice.
Among the other orders sought are a directive restraining the respondents from enforcing the contested judgments, an order compelling Kenya Law Reports to remove the affected decisions from its online records, and exemplary and punitive damages over the alleged violation of his constitutional rights.
The petition raises questions about whether findings of judicial misconduct against one member of a bench can provide grounds for reopening a case that has already gone through the appellate process.
The court will consider the arguments presented in the petition in determining whether the orders sought can be granted under the Constitution and applicable law.
