SONKO REVIVES BID TO OVERTURN IMPEACHMENT, CITES EX-JUDGE CHITEMBWE’S MISCONDUCT
Mike Sonko has reopened his legal battle to overturn his 2020 impeachment, arguing that former judge Said Juma Chitembwe’s misconduct compromised the fairness of the proceedings.
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Sonko is also seeking an expanded bench appointed by the Chief Justice to hear the consolidated petitions afresh. He wants the court to issue orders preventing the continued enforcement of the disputed judgments and to award damages for the alleged violation of his constitutional rights.
The petition names the Judicial Service Commission and the Attorney-General as respondents, alongside several interested parties, including the Independent Electoral and Boundaries Commission, Nairobi County and the Senate. The parties are expected to respond to the application before the court considers the competing arguments.
Justice Mutai has directed Sonko to serve the petition and application on the respondents and interested parties within seven days. Those served will have 14 days to file their responses, followed by further submissions according to the court's directions. The highlighting of written submissions is scheduled for January 25, 2027.
The case presents a legal question about whether misconduct established against a judge after a judgment has been delivered can provide sufficient grounds to reopen proceedings that have already been considered by higher courts.
Sonko's latest move comes after the Supreme Court rejected his previous attempt in July 2024 to introduce additional evidence and review its earlier decision. At the time, the court found that the application did not meet the legal threshold for admitting the additional evidence.
The High Court will now have to determine whether the fresh petition establishes a legal basis for setting aside the earlier decisions. Until the court makes that determination, Sonko's impeachment remains in force, and his request for a fresh hearing remains unresolved.
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Written by Anne Moses
Reporter and staff writer at Getembe News.
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