Sonko Reopens Impeachment Battle Over Former Judge Misconduct

Former Nairobi Governor Mike Sonko has filed a fresh petition seeking to overturn the decisions that upheld his impeachment, citing judicial misconduct involving former High Court judge Said Juma Chitembwe.

Sonko is challenging the judgments that dismissed his attempts to reverse his removal from office in 2020. He argues that Chitembwe’s involvement in the proceedings raises concerns about the fairness and impartiality of the judicial process.

The former governor wants the court to declare the earlier judgments invalid and order a fresh hearing before an expanded bench appointed by the Chief Justice.

Sonko’s petition follows disciplinary proceedings against Chitembwe, who was removed from office after a tribunal recommended his dismissal over allegations of misconduct. The Supreme Court upheld the tribunal’s recommendation on December 28, 2023.

Chitembwe had served on a three-judge bench that handled Sonko’s challenge to his impeachment. Sonko now argues that the findings against the former judge provide grounds for reconsidering the decisions made in his case.

The former governor is also seeking declarations that his constitutional rights were violated and wants compensation for the alleged violations.

Sonko was impeached by the Senate on December 17, 2020, following his removal by the Nairobi County Assembly. He subsequently challenged the decision in court but lost at several levels of the judiciary.

The High Court dismissed his challenge in June 2021, followed by the Court of Appeal in March 2022 and the Supreme Court in July 2022.

The new petition seeks to reopen the matter despite the previous rulings. However, the misconduct findings against Chitembwe do not automatically invalidate the earlier judgments. Sonko must persuade the court that the circumstances justify reconsidering the case.

High Court Judge Gregory Mutai has directed that the petition be heard urgently. The parties have been given timelines to file their responses, with written submissions scheduled for January 25, 2027.

The court’s decision will determine whether Sonko can reopen his long-running legal battle against his impeachment.