The Supreme Court has struck out an application by former Nairobi Governor Mike Sonko challenging the swearing-in of Anne Kananu as the next county chief.
On October 25, Supreme Court judge Mohammed Ibrahim directed the Assumption of Office of the county and the committee spearheading the process, to put on hold Kananu’s swearing in for 14 days to allow Sonko to argue his matter.
The interim order lapsed on Monday.
The Apex court in striking out Sonko’s application said it lacked jurisdiction to entertain it.
“We lack jurisdiction to entertain the application. Objections by the clerk, Nairobi county assembly, and county assembly sustained. Motion dated October 23 is incompetent and hereby struck out,” the court said.
The clerk and the assembly were opposed to the application as filed by Sonko, saying the apex court lacked jurisdiction to entertain the present application and the appeal.
The assembly asked the court to strike out the application as the main dispute is yet to be heard.
Sonko moved to the Supreme Court after the Court of Appeal rejected his application to stop Kananu’s swearing-in.
Appeal Court judges Wanjiru Karanja, Jamila Mohamed and Jessie Lessit dismissed his application on grounds that the issue of swearing-in Kananu was not raised in the High Court matter and the judgement delivered by that same court did not address or determine that issue.
"The issue of swearing in Kananu was not a ground of appeal in Sonko's draft. In that draft appeal, Sonko challenges the decision of the High Court which refused to overturn the impeachment process," they said.
The main appeal filed before the Court of Appeal is yet to be heard and determined.
The Deputy Registrar will give directions on the hearing of the appeal on November 15.