See also: Evans Kidero laud Mike Sonko's victoryOusted Nairobi Governor Mike Sonko has a sigh of relieve after the High Court suspended the gazette notice calling for gubernatorial by-election.
The Monday ruling by Justice Anthony Mrima saw the mini poll slated for next month temporarily stopped, following Sonko's petition which challenges his impeachment.
Sonko moved to court after Nairobi MCAs and the senate decided that he was unfit to head the county which is the country’s capital, in December 2020.
As the order stands, clearance of candidates for the by-election, procurement of poll materials and training of election officers by the Independent Electoral and Boundaries Commission (IEBC), which was scheduled for January, stand suspended.
Sonko defence team lead by Evans Ondieki, Wilfred Nyamu and Harrison Kinyanjui told the court that the case deals with the petitioner's fundamental rights, violation of the constitution, law and fair administrative justice.
Sonko also questions the swearing-in of Speaker Benson Mutura as acting governor, arguing that it was done in violation of the Assumption of Office of the Governor Act.
"The Act says the swearing-in should happen after 10 days but in this case, it was done within three days. There was abdication of the duty to abide by the rule of law. After the swearing-in, the acting governor signed into law the Finance Appropriation Bill on disbursement of funds. Such issues may be rendered nugatory," says his defence lawyers.
Justice Mrima also directed that the case hearing will be on January 14.