The Supreme Court has thrown out an application by the clerk of Nairobi county assembly that challenged an appeal filed by Mike Sonko Mbuvi over his impeachment.
The clerk sought to have Sonko's appeal thrown out on grounds that he failed to file it within 30 days from the time the Court of Appeal rendered its decision over the same.
The apex court said there is no doubt that Sonko filed his petition of appeal on April 4, four days after the Court of Appeal delivered its judgement.
The Supreme Court judges said the only mistake the former Nairobi governor did was not to simultaneously file his printed copy with the electronic copy to the court's registry.
The operating rule is that the printed copy should always be filed simultaneously with the electronic copy.
"While Sonko sat on the printed copy for more than one month, once directed to file the same, he did so within two days and thereafter served the respondents," the judges said.
"While Sonkos conduct in not filing the printed copy timeously has not been explained, it is the aim of this court to focus on the substantive appeal," they added.
The Court of Appeal judgement that upheld a decision of the High Court regarding Sonko’s impeachment was delivered on March 4.
Justices Imaana Laibuta, Hannah Okwengu and Roselyn Nambuye dismissed Sonko’s appeal and said his impeachment was lawful and procedurally fair.
Sonko, being dissatisfied, filed a notice of appeal dated March 8. His legal team then proceeded to file the petition electronically on April 4.
(edited by Amol Awuor)
