The Court of Appeal on Friday dismissed an application by Nairobi ex-governor Mike Sonko seeking to stop Anne Kananu from being sworn in as deputy governor and acting as Nairobi governor.
The three-bench judges Martha Koome, Daniel Musinga and Kathurima M'Inoti in their ruling said the application had been overtaken by events.
“The court does not, and ought not, to make orders in vain or engage in an academic exercise. Accordingly, we agree that the instant application has been overtaken by events and dismiss it with no order as to costs,” ruled the judges.
In the application dated January 5, Sonko had sought orders restricting Kananu from being sworn in and assuming the office pending hearing and determination of the matter.
Among the respondents in the case were Nairobi county assembly, the assembly clerk and speaker, Kananu, the Attorney General, the Senate and Independent Electoral and Boundaries Commission . They did not file a response to the suit.
In January 15, the High Court dismissed a request by impeached Nairobi Governor Mike Sonko to have a decision to allow vetting of the county's deputy governor nominee to proceed stayed.
Sonko had instead been allowed to file a formal complaint.
Justice Anthony Mrima dismissed applications by activist Okiyah Omtatah and Habil Kongo seeking to stop the vetting of Deputy Governor nominee Anne Kananu.
Omtatah had asked the court to suspend its decision to allow them appeal the matter.
The same was supported by lawyer Wilfred Nyamu acting for Sonko. Kongo (an aspiring governor) also sought the same.
Omtatah and Kongo had challenged the entire process of Kananu's nomination.
Edited by Henry Makori
