Sonko wants impeachment overturned after Supreme Court upholds misconduct findings against former judge

Sonko wants impeachment overturned after Supreme Court upholds misconduct findings against former judge

Justice Gregory Mutai has directed an urgent hearing of Sonko’s petition seeking to nullify rulings that upheld his removal, arguing that former judge Said Juma Chitembwe’s misconduct compromised the proceedings.

The High Court will prioritise a petition by former Nairobi Governor Mike Sonko seeking to overturn rulings that upheld his impeachment, following findings of judicial misconduct against former judge Said Juma Chitembwe.

Justice Gregory Mutai directed that the petition be determined at the earliest opportunity, paving the way for a fresh legal battle over the validity of the decisions that upheld Sonko’s removal from office.

Sonko argues that Chitembwe’s participation in a three-judge bench that dismissed his challenge to the impeachment compromised the fairness of the proceedings and casts doubt on the legitimacy of the resulting judgment.

The former governor is relying on the Supreme Court’s decision upholding findings against Chitembwe, arguing that the judicial misconduct established through disciplinary proceedings raises serious concerns about the judge’s involvement in his case.

In his petition, Sonko wants the court to declare null and void a High Court judgment delivered on June 24, 2021, and subsequent appellate decisions that upheld his impeachment.

He is also seeking orders directing that the consolidated petitions challenging his removal be heard afresh on their merits before an expanded bench appointed by the Chief Justice.

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“The former governor contends that Chitembwe’s participation in the bench compromised his right to a fair and impartial hearing,” the petition states in substance.

Beyond reopening the impeachment dispute, Sonko wants the court to restrain the respondents from enforcing the contested judgments.

He has also asked the court to compel Kenya Law Reports to remove the affected decisions from its online records and award him exemplary and punitive damages over alleged violations of his constitutional rights.

The petition raises questions about whether findings of judicial misconduct can provide sufficient legal grounds to reopen a case that has already been determined by the High Court and subjected to appellate review.

Sonko’s challenge seeks to establish whether the circumstances surrounding Chitembwe’s participation justify nullifying the judgments or whether the decisions should remain legally binding despite the subsequent disciplinary findings.

The court will consider the constitutional and legal basis for the remedies sought, including whether the alleged misconduct compromised the integrity of the proceedings and whether the case can be reheard.

The outcome could determine whether Sonko gets another opportunity to challenge the legality of his impeachment through a fresh hearing before a differently constituted bench.