Former governor of Nairobi, Mike Sonko, suffered a defeat when the High Court dismissed a petition he had brought against the Supreme Court, stating that his political rights had been violated.
According to Justice Olga Sewe in Mombasa, the court lacked jurisdiction to hear the petition.
“I take the view that since this petition sounds more of judicial review than in violation of the constitutional right to (a) fair hearing, it is a matter that falls outside the mandate of the court by dint of Article 165(6) of the constitution,”said Justice Sewe.
In his plea, Mr. Sonko had requested, among other things, that his Supreme Court case, in which he was contesting his impeachment as governor of Nairobi, be heard afresh.
The judge took note of one of the requests for relief, which was a determination that the Supreme Court’s ruling in a case where Mr. Sonko was contesting his impeachment was invalid.
Justice Sewe stated that she believed the Supreme Court’s preliminary objection to the petition had validity, upholding the objection while dismissing the petition.
Given that there are circumstances in which the constitution restricts the authority of the court to accept remedies against some parties, Justice Sewe stated that courts must be vigilant, identify the main issue, and move to prevent any absurdity.
Mr. Sonko had contended that the Supreme Court can be sued and challenged as an arm of the State if it breaches a person’s constitutional rights in its judgements.
Through the assistance of attorneys John Khaminwa and Derrick Odhiambo, Mr. Sonko stated that the High Court has the authority to hold any court accountable for violating rights and that it was thus required to safeguard such rights.
Through Senior Counsel Charles Kanjama, the apex court in the country said that the High Court ought to resist Mr Sonko’s attempt to revive and litigate matters it (Supreme Court) conclusively dealt with and determined.
For its part, the Supreme Court argued that the High Court lacked jurisdiction to hear Mr. Sonko’s case and wanted it dismissed.
Additionally, Sonko requested Sh15 million in damages for the violation of his political rights as well as Sh35 million in compensation for the loss of a campaign fund contribution.