Nairobi Governor Mike Sonko on Wednesday filed suit to quash orders barring him from accessing his office.
Sonko says anti-corruption chief magistrate Douglas Ogoti without lawful authority has unconstitutionally acted as an Election Court by purporting to shorten his tenure. The governor was represented by lawyer Harrison Kinyanjui.
On December 11, Ogoti ordered Sonko, who is facing a Sh380 million graft case, to stay away from his office. The directive was one of the conditions of his Sh15 million cash bail.
Sonko says Ogoti's decision is unconstitutional and violates his right to the presumption of innocence. Ogoti's ruling amounts to the effective removal of Sonko from the elected office of the Nairobi City County Governor, he says.
“My arraignment cannot create a vacancy in the office of the Governor of Nairobi City County to warrant Ogoti to purport to direct me to proceed and remove my personal items from office as though I had ceased having the right to access such office,” he said.
Sonko wants the High Court to suspend enforcement of Ogoti’s order prohibiting him from accessing office or compelling him to remove his personal items from the offices.
He also wants an order barring the Nairobi City County Assembly Speaker Beatrice Elachi from assuming, taking over or occupying his office as no vacancy has constitutionally occurred in the elected position.
The county chief also asks the court to compel the DPP to designate what aspect of the county constitutes the scene of crime concerning the alleged corruption cases.
Sonko says it is evident that the DPP and National Police Service are misusing the criminal process either to settle the scores of some unknown persons with him, or make a dubious sinister political point in mounting the graft charges against him.
The governor said the "brutal and unlawful" manner and event of his arrest entitles the Court to award him damages.
Sonko has sued the Director of Public Prosecutions, the Inspector General of Police, the National Police Service, the EACC, AG, Speaker of County Assembly and Anti-corruption magistrate Douglas Ogoti.
The Council of Governors, the Law Society of Kenya and the Senate have been listed as interested parties.
Meanwhile, Sonko on Wednesday failed to appear before a Voi court to answer charges of assault.
His lawyers said that the governor’s health has been deteriorating since his release and that he cannot stand trial.
Voi senior principal magistrate Fredrick Nyakundi ordered the governor to appear before the court on January 21 next year.
Sonko is charged with assaulting the Coast region police boss Rashid Yakub at the Ikanga airstrip during his arrest on December 6.
According to the charge sheet, Sonko kicked Yakub on the thigh during the arrest.
“He violently refused to be handcuffed and to board a police chopper in due execution of duties,” the charge sheet reads.
The state has lined six witnesses in the case.
They include the Yakub, Voi police station boss James Mwanzia and police officers Michael Muriithi, Fred Sabai, Stephen Mtawa and Ibrahim Ahmed.
(Edited by V. Graham)
