East African Court ruling revives Sonko's hopes

Former Nairobi Governor Mike Sonko has been holding meetings with his legal team, led by Senior Counsel John Khaminwa, to strategise on the way forward following a landmark ruling by the East African Court of Justice (EACJ).

Although the EACJ did not overturn the Supreme Court’s decision, it criticised the procedural flaws that undermined the credibility of Sonko’s impeachment.

Specifically, the EACJ last week noted that the lifetime ban preventing Sonko from holding public office caused irreparable harm to his political career and reputation.

The EACJ emphasised that such a severe penalty required an indisputable demonstration of fairness and transparency throughout the impeachment process.

Sonko, who has been out of politics for over three years, is confident he will get justice through his lawyers.

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“The East African Court of Justice is a regional court whose work is to ensure adherence to the law in the interpretation, application, and compliance with the EAC Treaty,” Khaminwa said.

The Senior Counsel said the former governor will achieve justice following the EACJ’s ruling.

The EACJ pointed out that Kenya’s apex court failed to adhere to its own procedural rules while handling Sonko’s petition, which sought to be cleared to vie in the 2022 General Election.

“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 Kenya (SCOK)of its procedural errors,” stated the regional Court, presided over by Justice Yahane B Masara.

Sonko was impeached as the Governor of Nairobi on November 26, 2020 and he moved to the High Court to challenge his ouster, but his petitions were dismissed and the case ended up at the Supreme Court.

The former governor would later be barred from contesting in the 2022 polls, having declared his intention to vie for the Mombasa governor seat.

“Such harm cannot be adequately remedied by damages or any other form of post-facto relief. The impact on his political rights, reputation, and capacity to engage in public service underscores the irreparable nature of the harm he faces,” the ruling stated.

While issuing a judgement on whether it has jurisdiction to hear and determine Sonko’s application on grounds Kenya’s apex court allegedly breached the East African Community Treaty, the regional court added that the former County boss demonstrated that the Supreme Court could have failed to adhere to its own procedural rules, which if proved, would be in violation of Article 25 of the Constitution of Kenya, which guarantees the right to a fair trial, as well as Articles 6 and 7 of the East African Community (EAC) Treaty, which promote good governance, the rule of law, and justice among member states.