Judge recuses himself from Sonko impeachment case

Justice James Rika has recused himself from a case Nairobi Governor Mike Sonko filed challenging his impeachment.

Sonko's lawyer accused the court of bias in this matter, insisting that the orders stopping the impeachment are still in force.

However, county assembly lawyers said the orders have been vacated.

Reports indicate that the judge recused himself after tempers flared in court on the issues related to the ongoing impeachment.

The media was barred from entering the court.

Lawyer Harrison Kinyanjui, acting for Sonko, said the judge recused himself without giving a reason.

The Employment and Labour Court had temporarily halted Sonko's impeachment.

Justice Nzioki Makau on Tuesday barred the County Assembly from discussing the impeachment motion by MCA Michael Okumu pending inter parties hearing on Thursday.

Makau prohibited the Nairobi County Assembly from deliberating, tabling for debate, putting a vote on the motion by Okumu for the removal of Mike Sonko as the Governor pending the Thursday hearing.

In the case, Sonko has sued the Clerk of the Nairobi Assembly, the Speaker, the County Assembly, MCA Peter Imwatok and Okumu.

According to court documents, over 62 MCAs have sworn affidavits in the case saying they have never appended their signatures to any motion as it is was alleged by Okumu who brought the impeachment motion.

Through Kinyanjui, Sonko argued that Justice Byrum Ongaya had already stopped his impeachment in February this year and the order is still in place.

Kinyanjui says on November 26, the Nairobi County Assembly moved to set in a new motion to unlawfully and wholly unconstitutionally impeach the governor notwithstanding that the process had been stopped.

He further claimed the impeachment motion by MCA Imwatok had not been withdrawn formally arguing that it’s only the member who gave the notice of who can withdraw it which he has not done.

The County boss alleged that he has not been served with any affidavit affirming the veracity of the allegations contained in the impeachment motion by OKumu as demanded in the standing orders.