Blow to Sonko as Court Okays Swearing-In of Ann Kananu as Nairobi Governor

The Court of Appeal has cleared the way for Nairobi Deputy Governor Ann Kananu to be sworn in as the county’s substantive governor.

This comes after a three-judge bench comprising Justices Wanjiru Karanja, Jamila Mohammed and Jessie Lesiit dismissed Mike Sonko’s application seeking to bar Kananu from assuming the governor’s seat.

The judges ruled that Sonko has been out of office for more than 10 months, and is effectively no longer the governor of Nairobi.

Sonko, who was impeached as Nairobi governor in December 2020, moved to court in June to block the swearing-in of Kananu until his appeal is determined.

The judges on Friday noted that if Sonko’s appeal is successful and the court finds that his political rights were violated, then the violations can be vindicated by being paid damages since they will be personal to him.

The judges also noted that the issue of swearing-in of Kananu was not among the grounds raised by Sonko in his appeal.

In June, the High Court dismissed two petitions filed by Sonko, who was challenging his impeachment as well as the nomination, vetting, and swearing-in of Kananu as Nairobi Deputy Governor.

Justices Wilfrida Okwany, Said Chitembwe, and Weldon Korir ruled that the Nairobi County Assembly and the Senate followed the law in their removal of Sonko from office.

The judges also found that the swearing-in of Kananu was constitutional despite an attempt by Sonko to withdraw her nomination as deputy governor.

Sonko argued that the County Assembly had no powers to appoint her as deputy governor, arguing that he had revoked Kananu’s nomination prior to his impeachment.

Kananu assumed office in January following a successful vetting process by MCAs and has been serving as the county’s governor in an acting capacity.