What Supreme Court ruling means for Sonko

Sonko will never be cleared to vie for any elective seat in Kenya.

In Summary

•Sonko automatically fails the integrity test to qualify for clearance to vie for an elective seat in any election in Kenya or be appointed.

•The Supreme Court ruling now invalidates the ruling by the Mombasa High Court which had directed the IEBC to clear Sonko to vie.

Former Nairobi Governor Mike Sonko
Former Nairobi Governor Mike Sonko
Image: FILE

Former Nairobi Governor Mike Mbuvi Sonko will never be cleared to vie for any elective seat or be appointed to a state office in Kenya, the new ruling by the Supreme Court means exactly that.

Following the Supreme court ruling, Sonko automatically fails the integrity test to qualify for clearance to vie for an elective seat in any election in Kenya or be appointed.

This is with respect to the Kenyan constitution, Chapter Six Article 75 (3), which states; A person who has been dismissed or otherwise removed from office for a contravention of the provisions specified in clause (2) is disqualified from holding any other State office.

While affirming its ruling, the Supreme Court sounded what appeared like a warning to state officers stating that they should respect the law, specifically chapter six of the constitution.

"Chapter Six of the Constitution was not enacted in vain or for cosmetic reasons. The authority assigned to a State officer is a public trust to be exercised in a manner that demonstrates respect for the people; brings honour to the nation and dignity to the office, and promotes public confidence in the integrity of the office. It vests in the State officer the responsibility to serve the people, rather than the power to rule them. 

Sonko had earlier filed the appeal at the apex court after both the Court of Appeal and the High Court upheld his removal from office by the Senate.

The Supreme Court ruling now invalidates the ruling by the Mombasa High Court which had directed the IEBC to clear Sonko to vie.

On December 3, 2020, he was impeached by 88 Nairobi MCAs of the County Assembly.

The matter later proceeded to the Senate on December 17, 2020, where they upheld the resolution to remove him from office.

Early this year, Sonko went to the Supreme Court to challenge his ouster.

This was after the Court of Appeal upheld a decision by the High Court that he was legally impeached in 2020.

The court also found that the Senate gave Sonko an ear before concluding that he ought to exit the office.

Joining politics

Sonko made an entry into politics in September 2010,  when he joined the race for Makadara parliamentary seat during a by-election.

He vied on Narc Kenya party ticket headed by Martha Karua and won.

It is his flashy lifestyle in parliament that made him a household name in Kenya and a darling of the youths.

His stay in Narc Kenya was, however, short-lived after he was expelled in August 2011.

This is after he allegedly campaigned for Party of National Unity (PNU) candidate – now MP – Yusuf Hassan, instead of campaigning for his party’s candidate, Brian Weke, in the Kamukunji by-election.

He joined the TNA party ahead of 2013 and used its ticket to vie for the Nairobi Senate seat.

He won the polls and served Nairobi for a term and opted to vie for the Governor seat in 2017 on a Jubilee party ticket. He won.

His tenure at City Hall was, however, cut short following an impeachment that has now claimed his political career.

Sonko now aims to bounce back in leadership and is seeking to succeed Mombasa Governor Ali Hassan Joho.

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