EACJ Overturns Sonko Impeachment Ruling, Cites Procedural Violations » Capital News

NAIROBI, Kenya Dec 1 – The East African Court of Justice (EACJ) has issued a landmark ruling overturning the Kenyan Supreme Court’s decision to uphold the impeachment of former Nairobi Governor Mike Mbuvi Sonko, citing procedural violations.

The court, based in Arusha, determined that Sonko’s impeachment proceedings and the subsequent lifetime ban from holding public office violated his right to a fair trial, a principle enshrined in Article 25 of the Kenyan Constitution.

Additionally, the EACJ found the Supreme Court’s decision inconsistent with Articles 6 and 7 of the East African Community (EAC) Treaty, which advocate for good governance, adherence to the rule of law, and justice among member states.

Key Rulings

The court criticized the Kenyan Supreme Court for procedural flaws that undermined the integrity of the impeachment process. Sonko’s legal team highlighted irregularities, including alleged breaches of procedural rules during the proceedings. The EACJ emphasized that these procedural errors warranted further investigation to safeguard principles of fairness and the rule of law across the region.

The ruling also noted that barring Sonko from holding political office for life caused irreparable harm to his career, reputation, and ability to serve in public office. The EACJ argued that such a severe penalty must be imposed only after a fair and transparent process.

Next Steps

In a significant development, the EACJ has allowed Sonko to amend his reference to include new evidence from the Kenyan Supreme Court proceedings. This move aims to provide a more comprehensive review of the case while ensuring procedural clarity.

The determination of legal costs was deferred to later stages, reflecting the court’s balanced approach to resolving the matter.

Implications

The decision marks a major victory for Sonko, whose political career has been marred by legal battles. It also reinforces the EACJ’s role in holding national judicial systems accountable to constitutional and treaty obligations.

About The Author

BERNARD MOMANYI

Bernard is the Editorial Director at Capital FM, with nearly two decades of experience in both print and electronic media. He holds an Executive Masters in Media Leadership and Innovation from The Aga Khan University, Nairobi-Kenya, a Master of Arts in Communication Studies with focus on Development Communication from The University of Nairobi and a bachelor’s degree in Information Sciences from Moi University.