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The court of Appeal has dismissed the application by Former Nairobi Governor Mike Sonko to withhold the swearing in Ann Kananu as the Governor.
In a 15 page ruling made by Judges Wanjiru Karanja, J. Mohammed, and Jessie Lessit, the arguments made by Sonko are invalid and have no stand.
Kananu will now be sworn in as the 3rd Governor of Nairobi.
“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. We note that issue of the swearing in of the 11th respondent was not a ground of appeal in the applicant’s draft memorandum of appeal. In the draft memorandum of appeal, the applicant impugns the decision of the High Court which failed and/or refused to overturn the impeachment process and the impeachment of the applicant herein. We therefore find that there is no nexus between the orders granted by the High Court and the orders sought in the instant application. 31. Ultimately, for the foregoing reasons, our find,” read the judgment.
Sonko has been out of office for the last ten months after his impeachment.
The respondents in the case have asked Sonko to keep away from county affairs since his term as the governor elapsed.
The Judges declared that the application dated 29th June, 2021 is without merit.
“On the other hand, the respondents who oppose the application have argued that due to the reasons that the applicant was removed from office, the public interest would demand that he not be allowed to interfere with the running of Nairobi County. We do not want to make substantive findings on the merits of the removal of the applicant from office as it is not our role to do so at this stage,” it read.