The Supreme Court has put on hold plans to swear in acting Nairobi Governor Ann Kananu as the city county boss.
This was after former governor Mike Sonko rushed to the apex court saying he was about to be deprived of his seat unconstitutionally.
Justice Mohammed Ibrahim, sitting a single judge, suspended the plans for two weeks, to allow Mr Sonko argue his case before the top court.
The former governor, who was impeached last year, rushed to the Supreme Court after the Court of Appeal rejected his application to stop Ms Kananu from assuming the office.
Last Friday, the Court of Appeal cleared the way for Ms Kananu to be sworn in as the substantive county boss after the judges ruled that Mr Sonko’s application, to suspend the process, did not meet the threshold to be granted the order.
The judges also noted that the issue of the swearing in of Ms Kananu was not among the grounds raised by Mr Sonko in his appeal.
“We find that the issue of the swearing in of the 11th respondent was not raised in the High Court and the impugned judgment did not address or determine that issue,” Justices Wanjiru Karanja, Jamila Mohammed and Jessie Lesiit said.
The court noted as submitted by the Attorney General that Mr Sonko has been out of office for more than 10 months and is effectively no longer the governor of Nairobi.
But Mr Sonko rushed to the apex court arguing that he stands to unfairly and unlawfully being deprived of his lawfully contested and won Nairobi gubernatorial elective position, unless the court intervenes.
The former governor has maintained that his impeachment was illegal and the court should determine whether it was done as required by the law.
He has further argued that Ms Kananu unconstitutionally assumed the position of the deputy governor, and there were plans to have her become the substantive governor against the law.
“If the intervention sought herein is not granted the jeopardy suffered by the Appellant herein is double – both the Court of Appeal in the 2 Appeals alluded to above and this Honourable Supreme Court will be left with Appeals and a Petition of Appeal respectively that are merely academic as the Nairobi City County Governor position which has been preserved so far will have been unlawfully taken by the 11th respondent (Ms Kananu) herein,” he said in an affidavit.
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