Lawyers representing Mike Sonko are confident they will win the case against the impeachment process of the embattled Nairobi governor.
Sonko’s lead counsel Harrison Kinyanjui likened the case to that of Kirinyaga’s Anne Waiguru, saying the constitutional threshold to oust Sonko has not been met.
Waiguru survived impeachment after a Senate Committee cleared her of all the allegations she was facing.
“The process of electing a governor is constitutionally set. You must meet the electoral threshold for you to be confirmed as the governor of the county,” he said.
“You cannot, by a simple number of people, then purport to be a governor of a county. By implication, you cannot simplify the removal of a governor, who having been elected through such a rigorous process, through a simplified process,” the lawyer told the Star.
According to Kinyanjui, Nairobians who elected Sonko must equally be given an opportunity, through public participation, to determine whether they want him removed or not.
Kinyanjui noted that there are question marks and illegalities that marked Sonko’s impeachment process at the Nairobi City County Assembly last Thursday.
“The question is, when was this done, how was it done and where is the proof it was done. There is nowhere the governor is going,” he said.
Sonko is building his case around the number of MCAs declared to have voted in favour of his ouster and the legality of the virtual voting system during the Thursday sitting.
Meanwhile, Senate Speaker Kenneth Lusaka is expected to gazette a special sitting to consider the case against Sonko.
“On Wednesday, we have a special sitting. We had gone on recess, but because Nairobi MCAs have impeached their governor, they are now coming to me and on Wednesday the senators will decide. I am just a referee,” Lusaka said.
Senate Minority Chief Whip Mutula Kilonzo Jr confirmed that Lusaka approved Wednesday’s sitting after receiving a petition, backed by 15 senators, from Majority leader Samuel Poghisio to convene the session.
“The timeline says we have to convene by Wednesday. We will convene on Wednesday to determine the method of going about the case. Once the sitting is gazetted, the Senate Business committee will meet to decide on what to transact because there must be a motion on the floor,” Mutula said.
The senators are expected to form a special committee of 11 members to hear the grounds for Sonko’s impeachment or decide to prosecute the case in the plenary.
Sonko is accused of abuse of office, violation of the Constitution, and gross misconduct.