East African Court backs Sonko's petition over procedural issues

Former Nairobi Governor Mike Sonko could secure a review of his impeachment proceedings after the East African Court of Justice (EACJ) faulted the Supreme Court's handling of his case.

Sonko, impeached on November 26, 2020, was barred from holding public office following his removal.

He petitioned the Supreme Court to challenge the decision but was denied clearance to vie in the 2022 General Election for the Mombasa governor’s seat.

The EACJ raised concerns over procedural irregularities in the Supreme Court’s handling of Sonko’s petition.

“The applicant has established that there is a cause of action that depicts substance and reality. His allegations of procedural irregularities and denial of a fair trial are substantiated by evidence, including admissions by the Supreme Court of its procedural errors,” said the EACJ, presided over by Justice Yahane Masara.

In a letter dated July 2022, Supreme Court Registrar Letizia Wachira acknowledged an oversight, stating the court failed to issue directions for Sonko’s lawyers to file submissions.

“It has since come to our attention that, due to an inadvertent mistake, directions were not issued in respect to the petitioner filing submissions in support of the petition,” the Registrar noted.

The EACJ panel, comprising Justices Masara, Charles Nyawello, Richard Muhumuza, Richard Wabwire, and Leonard Gacuko, observed that the Supreme Court’s proceedings were conducted in haste, denying Sonko adequate time to file and respond to submissions.

“The proceedings before the Supreme Court were deliberately conducted in haste and contrary to the Supreme Court Rules, the Supreme Court Act, and principles under the Treaty for the Establishment of the East African Community on adherence to the rule of law,” the EACJ stated.

The court ruled that Sonko demonstrated irreparable harm arising from being barred for life from political activities, affecting his rights, reputation, and ability to serve in public office.

While the EACJ does not overturn Supreme Court decisions, it scrutinises adherence to procedural standards under the East African Community Treaty.

The court allowed Sonko to amend his reference, incorporating new evidence from the Supreme Court proceedings, and deferred determination of legal costs to a later stage.