Former Nairobi Governor Mike Sonko.

Justice Roselyne Aburili declined to grant the application urgent ex parte consideration, directing the petitioner to serve the respondents before the matter returns to court on November 23, 2026, for further directions.

In her ruling, Justice Aburili said she had examined the petition and a Notice of Motion dated October 23, 2026, but found no justification for considering the matter urgently without hearing the respondents.

“I have perused the Petition and application by way of Notice of Motion dated 23rd October, 2026, filed under certificate of urgency, [and] am not satisfied that the same are urgent for ex parte consideration. I decline to certify them,” the judge ruled.

The petition was filed by Nick Sanare, an Advocate of the High Court of Kenya and managing partner at Sanare & Associates Advocates, who argues that Sonko is legally barred from serving as party leader or holding any other position in NEDP's governing body.

Sanare is seeking conservatory orders restraining Sonko from holding, assuming or exercising the powers and functions of party leader or any other position within the party's governing body, regardless of the title attached to the office.

He also wants the court to restrain the Registrar of Political Parties from registering, recognising, approving or gazetting Sonko as a founding member, official or office holder of NEDP.

The orders would apply to any proposed changes to the party's officials, including those contained in a notice published in the Kenya Gazette on or about October 9, 2026.

The petitioner has further asked the court to bar the Independent Electoral and Boundaries Commission (IEBC) from accepting or acting on nomination certificates, party lists or other documents issued, signed or certified by Sonko in his purported capacity as an NEDP official.

However, the proposed order would not affect candidates already cleared by the IEBC by the date of its issuance.

Sanare is also seeking orders compelling the Registrar of Political Parties to produce certified copies of NEDP's registration application, its list of founding members, details of its governing body and records of the proposed changes to its officials.

He wants the registrar to disclose any objections received regarding the proposed changes, together with documents used to establish compliance with Section 7(2)(e) of the Political Parties Act.

In his petition, Sanare argues that Sonko is constitutionally and statutorily disqualified from serving in the governing body of a political party following his removal from public office.

Court documents show that Sonko was impeached as Nairobi governor on December 17, 2020, over allegations including abuse of office and gross misconduct.

The impeachment was subsequently upheld by the High Court on June 24, 2021, the Court of Appeal on March 4, 2022, and the Supreme Court on July 15, 2022. The Supreme Court issued its detailed reasons on December 5, 2022, in Sonko v County Assembly of Nairobi City & 11 others (2022) KESC 76 (KLR).

The petition also notes that Sonko's subsequent applications seeking a review of the Supreme Court decision were dismissed, with the final application determined on July 26, 2024, in Sonko v Clerk, County Assembly of Nairobi City & 11 others (2024) KESC 43 (KLR).

Sanare contends that the decisions and dismissal of the review applications exhausted the available avenues of appeal and review, activating the constitutional and statutory restrictions he relies on to challenge Sonko's eligibility.

He cites Article 75(3) of the Constitution, which provides for the disqualification of a person removed from office for contravening Article 75 from holding any other State office.

He also relies on Articles 99(2)(h) and 193(2)(g) of the Constitution, alongside Sections 7(3)(d) and 13 of the Political Parties Act, arguing that the provisions bar persons who have contravened Chapter Six of the Constitution or are otherwise disqualified from public office from serving in the governing bodies of political parties.

According to the petition, Sonko founded NEDP, which was registered by the Registrar of Political Parties on or about December 9, 2025, and has since been publicly presented as its leader.

Sanare cites media reports alleging that Sonko has been exercising leadership functions within the party, including presenting candidates for by-elections, revoking appointments, suspending party activities and overseeing grassroots mobilisation ahead of the 2027 General Election.

The petitioner further claims that Sonko is leading NEDP's campaigns in the Migwani Ward by-election scheduled for November 17, 2026.

The court documents also refer to a notice of proposed changes to NEDP's officials published in the Kenya Gazette on or about October 9, 2026, which reportedly listed the position of party leader as vacant without specifying Sonko's position in the party.

Sanare argues that the proposed changes could pave the way for Sonko to assume another senior position within NEDP, potentially circumventing the legal restrictions he contends apply to him.

He is asking the court to intervene before the proposed changes are formally recognised by the Registrar of Political Parties.

The matter is scheduled to return to court on November 23, 2026, for further directions after the respondents have been served.