High Court declines to bar Mike Sonko from leading NEDP pending eligibility case

High Court declines to bar Mike Sonko from leading NEDP pending eligibility case

The petitioner, advocate Nick Sanare, argues that Sonko is legally barred from holding leadership positions in political parties following his impeachment as Nairobi governor.

The High Court has declined to suspend former Nairobi Governor Mike Sonko’s leadership of the National Economic Development Party (NEDP), allowing him to remain in the position as a legal challenge to his eligibility awaits determination.

Justice Roselyne Aburili rejected an application seeking urgent intervention to stop Sonko from holding or exercising the powers of party leader, saying the matter did not meet the threshold for consideration without first hearing the respondents.

The judge also declined to certify the petition as urgent, directing the petitioner to serve all the respondents before the matter returns to court on November 23, 2026, for further directions.

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

The petition was filed by Nick Sanare, an Advocate of the High Court and managing partner at Sanare & Associates Advocates, who argues that Sonko is legally barred from occupying leadership positions in political parties following his impeachment as Nairobi governor.

Sanare wants the court to issue conservatory orders stopping Sonko from holding, assuming or exercising the functions of party leader or any other position within NEDP's governing body, regardless of the title given to the office.

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He has also asked the court to restrain the Registrar of Political Parties from recognising or registering Sonko as a founding member or official of the party, including through proposed changes to NEDP's leadership published in the Kenya Gazette on or about October 9, 2026.

The petitioner further wants the Independent Electoral and Boundaries Commission (IEBC) barred from accepting nomination certificates, party lists or other documents signed by Sonko in his purported capacity as an NEDP official.

However, the proposed restriction would not affect candidates already cleared by the electoral commission.

In challenging Sonko's eligibility, Sanare relies on Article 75(3) of the Constitution, which provides for disqualification from holding other State offices for a person removed from office for contravening Article 75.

He also cites Articles 99(2)(h) and 193(2)(g) of the Constitution and Sections 7(3)(d) and 13 of the Political Parties Act, arguing that the provisions extend restrictions to leadership positions within political parties.

According to the petition, Sonko was impeached 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. His subsequent applications seeking a review of the Supreme Court decision were also dismissed, with the final application determined on July 26, 2024.

Sanare argues that the conclusion of the court proceedings triggered the constitutional restrictions that now make Sonko ineligible to serve in a political party's governing body.

The petition further claims that Sonko founded NEDP, which was registered on or about December 9, 2025, and has since publicly acted as its leader.

The lawyer points to alleged instances of Sonko presenting candidates for by-elections, revoking party appointments, suspending party activities and conducting grassroots campaigns ahead of the 2027 General Election.

He also claims Sonko is leading the party's campaigns in the Migwani Ward by-election scheduled for November 17, 2026.

Sanare is additionally seeking orders compelling the Registrar of Political Parties to produce NEDP's registration records, list of founding members, details of its governing body and documents relating to the proposed changes in party officials.

The court will revisit the matter on November 23, 2026, after the respondents have been served.