The High Court has suspended the Nairobi Gubernatorial by-election pending the determination of a petition filed by Mike Sonko.
The Independent Electoral and Boundaries Commission (IEBC) had scheduled the by-election for February 18, 2021, following Sonko’s impeachment.
In a 50-page petition, the impeached governor argues that his ouster was highly politicised and the process overturned the popular will of the people as contained in Article 1(1) of the Constitution.
“It will only be fair and just if they are restrained from taking any further action that is prejudicial to my rights,” Sonko said.
“He will suffer irreparable damage not compensable in monetary terms because he stands to lose his position as the second governor of Nairobi City County without the due process of the law, the rule of law and constitutionalism,” Sonko’s petition reads in part.
Justice Anthony Mrima on Monday temporarily suspended the special Gazette notice issued by IEBC calling for a by-election in February.
The judge said Sonko as well as the Nairobi County Assembly presented important arguments which he certified as urgent hence it was necessary to halt the by-election process and hear them first.
Nairobi County Assembly lawyer Ndegwa Njiru and Sonko’s legal said they were satisfied with the ruling, further stating that the matter should be heard by more than one judge.
Judge Mrima will issue a ruling on whether the matter will be heard by a bench on January 14, 2020.
