- Sonko's lawyers, led by senior counsel Khaminwa and Nyamu, also lost a spirited fight to have the hearing of the petition adjourned.
- On Wednesday, the High Court sitting in Mombasa directed IEBC to include Sonko on the ballot for the Mombasa gubernatorial election.
Judges on Thursday told off Mike Sonko's lawyers for suggesting there could be violence if he is blocked from running for Mombasa governor seat.
This comes even as the Supreme Court bench retreated to make a determination on his impeachment appeal.
Sonko's lawyers, led by senior counsel George Khaminwa and Wilfred Nyamu, also lost a spirited fight to have the hearing of the petition adjourned.
Both Khaminwa and Nyamu had asked the court to allow adjournment citing late filing of responses.
"Some of these responses were filed last night when we were asleep and so we are not prepared to continue with the hearing," Nyamu said.
Those claims were vehemently opposed by the respondents, including the Nairobi county assembly and Governor Anne Kananu who said the matter ought to be expeditiously dealt with.
Both the High Court and the Court of Appeal have held that Sonko was fairly and procedurally impeached in December 2020.
An aggrieved Sonko moved to the Supreme Court where his lawyers on Thursday fought to have his impeachment declared illegal.
Should the apex court uphold the decision of the lower courts, then it means Sonko may miss out on the ballot on the strength that he was impeached and is therefore unfit to hold public office.
On Wednesday, a three-judge bench of the High Court sitting in Mombasa directed IEBC to include Sonko on the ballot for the Mombasa gubernatorial election.
The judges said the former governor had not yet exhausted his appeals. That was based on the pending case at the Supreme Court.
Lawyer Paul Nyamodi said Sonko was using the appeal at the Supreme Court for a collateral purpose to facilitate his being on the ballot.
"I urge that this petition be expeditiously dismissed," he said.
Earlier, Khaminwa had told the court to reflect on the decision that it will render, saying it had the potential of causing chaos.
"Sonko is a very popular young man with a huge following. Like I told the High Court judges in Mombasa, a popular leader is being stopped from participating in elections. Whatever you do...let Sonko participate in the election. His impeachment was flawed," he said.
Khaminwa said the decision the court renders may cause chaos similar to the post-election of 2007-08.
Those remarks elicited a reprimand from Justice Mohammed Ibrahim who told the lawyer to stop threatening the court.
"What is the issue of threatening? A senior counsel threatening the court before the public with violence. I don't think that was proper," justice Ibrahim said.
Nyamodi termed Khaminwa's comments a thinly veiled threat to sway the court to rule in Sonko's favour.
The matter was being heard by a full Supreme Court bench led by Chief Justice Martha Koome, deputy Chief Justice Philomena Mwilu and judges Isaac Lenaola, Ibrahim, William Ouko, Njoki Ndung'u and Smokin Wanjala.
Koome said the judges will retreat to consider the submissions made and render its judgment. The date of judgment will be communicated to parties.
(edited by Amol Awuor)