Supreme Court stops Nairobi Deputy Governor Anne Kananu swearing in

The Supreme Court yesterday stopped Nairobi Deputy Governor Anne Kananu from being sworn-in as Governor Mike Sonko’s successor.

In a brief ruling issued by Justice Ibrahim Mohammed, the court restrained the State from swearing in Kananu as the substantive Governor of Nairobi for the next 14 days pending an inter-partes hearing of the application lodged by Sonko. 

“That pending the hearing and determination of this motion, an injunction do issue, restraining the 9th respondent (the assumption of the office of the county, Governor committee, Nairobi city county) from swearing in Anne Kananu Mwenda the 11th respondent as the Nairobi City County Governor and the said Kananu be prohibited from assuming the office or otherwise occupying the office of the Nairobi City County Government until further court orders,” ordered Justice Mohammed.

Mohammed, who certified Sonko’s matter as urgent, directed the case file to be placed before Chief Justice Martha Koome to form a Bench of the Supreme Court to hear the application inter-partes.

The new turn of events comes after Sonko filed an appeal at the apex court seeking to set aside the whole of the ruling and order of the Court of Appeal in Nairobi Civil Application No. E228 of 2021, delivered on the October,22 2021 which declined to stop Nairobi Deputy Governor Kananu from being sworn in as the substantive governor.

Appeal rendered useless

In his appeal, Sonko said he was apprehensive that should Kananu become the substantive Governor, then his appeal would be rendered useless and that even if he was to succeed and the court was to find that his impeachment was improper, then it would mean that he would not be able to return to his former job.

“I know of my own knowledge that Kananu is now likely to be sworn in as substantive Governor for Nairobi as there is no order in force obstructing the same,” he argued

Last Friday, appellate Lady Justices  Wanjiru Karanja, Jessie Lessit and Jamila Mohammed declined to issue conservatory orders restraining the State from swearing in Kananu saying the application by Sonko lacked merit.

The judges declined to issue the interim orders saying that the issue of Kananu’s swearing in had not been raised in the High Court and the impugned judgment did not address or determine that issue. 

Sonko, who was impeached last year had moved to the Court of Appeal, to challenge the decision of High Court judges Weldon Korir, Said Chitembwe and Winfrida Okwany who dismisses his application challenging his impeachment.