NAIROBI, Kenya, Dec 15- The Employment and Labour Relations Court will on Wednesday rule on the legality of the impeachment of Nairobi Governor Mike Sonko even as the Senate proceeds with the trial.
Justice Mathew Nderi was set to issue the ruling following an application by Sonko, in which he argued that the ouster motion by County Assembly members was passed illegally.
Through lawyer Harrison Kinyanjui, Sonko argues that there was an existing order barring the Nairobi County Assembly from proceeding with the impeachment motion.
Two judges had earlier disqualified themselves from hearing Sonko’s petition.
Senate Speaker Kenneth Lusaka said the proceedings will be held on Wednesday and Thursday.
“Pursuant to the Senate Standing Orders, on the request of the Senate Majority Leader with the support of the requisite number of Senators, I have appointed Wednesday 16 December, 2020 and 17 December 2020 as days for the special sitting of the Senate to investigate the proposed removal from office by impeachment of Nairobi Governor. The sittings will begin at 9.00am,” Lusaka said.
During the sitting, the Nairobi County Assembly will be the first to present its case before the House, submitting arguments that informed reasons relied on in impeaching the Governor.
Sonko was impeached when 88 Ward representatives out of the 122 voted in favour of the motion.
Sonko who has since dismissed the allegations leveled against him including violating the Constitution, gross misconduct and abuse of office is expected to face the Senate on Thursday in a sitting where his fate will be determined by the political handshake matrix that has so far divided the Senators.
If a majority of Senators vote to uphold any impeachment charge, the governor shall cease to hold office.
On the other hand, if a vote in the Senate fails to result in the removal of Governor Sonko, Speaker Lusaka shall notify the Speaker of the Nairobi County Assembly accordingly and the motion by the assembly for the removal of the Governor on the same charges may only be re-introduced to the Senate after the expiry of three months.
Sonko will be the third Governor to have his impeachment determined by all Senators after former Kiambu Governor Ferdinand Waititu and Embu Senator Martin Wambora. Waititu was sent home and his deputy sworn in to take over.
Sonko’s troubles stem from his refusal to sign the County’s Appropriation Bill that allocated the Nairobi Metropolitan Services (NMS) Sh37.2 billion in what has threatened to paralyze its operations.
Sonko, who surrendered some of his key functions to the national government, has been at loggerheads with the NMS Director General Major Mohammed Badi on the management of the city even after the governor surrendered four key functions including Health.
