The East African Court of Justice has ruled against former Nairobi Governor Mike Sonko, affirming that it does not have the authority to review decisions made by the Supreme Court of Kenya.
This decision comes after Sonko filed an appeal at the regional court challenging the Supreme Court’s ruling that upheld his impeachment in December 2020.
Sonko’s appeal, lodged before the East African Court of Justice, argued that the Supreme Court’s decision was flawed. He contended that the court’s ruling, which locked him out of the Mombasa governorship race, did not follow proper procedures.
Specifically, Sonko’s legal team argued that the Supreme Court had issued an order for a panel of five judges to hear the case, but the matter was instead heard by a seven-judge bench, which they claimed violated the order.
Furthermore, Sonko argued that the Supreme Court had failed to address a previous High Court order issued by three judges in Mombasa, which directed the Independent Electoral and Boundaries Commission (IEBC) to place his name on the ballot.
Despite this, the Supreme Court proceeded with a determination on the impeachment, despite acknowledging that it did not have the jurisdiction to hear the impeachment case in the first place.
Sonko’s lawyers have also filed for a review before the Supreme Court, seeking a stay of the judgment.
However, the East African Court of Justice’s ruling makes it clear that the regional court cannot overturn or review decisions made by the Kenyan Supreme Court, thereby sealing Sonko’s efforts to challenge his impeachment through this avenue.
