- Through Diro Advocates LLP, the Speaker says no grounds have been established to warrant a review or setting aside the judgement delivered in 2021.
- The Speaker says Engineer Daniel Ogwoka Ochweri was not a party to that suit meaning he has no legal right to institute the current application.
Image: FILE
The Speaker of the Nairobi County Assembly has asked the High Court not to entertain an application filed by a Dagoretti Voter seeking to have a decision that upheld former Nairobi Governor Mike Sonko’s impeachment reviewed.
Through Diro Advocates LLP, the Speaker says no grounds have been established to warrant a review or setting aside the judgement delivered in 2021.
The Speaker says Engineer Daniel Ogwoka Ochweri was not a party to that suit meaning he has no legal right to institute the current application.
“Pursuant to section 7 of the civil procedure Act, this matter, having been substantially heard and determined up to the apex court of the land is res judciata,” reads the court documents.
The Speaker has asked the court to have it dismissed saying it is an abuse of court process.
In his court papers, Ochweri says since suspended Judge Said Chitembwe presided over the three-judge bench that okayed Sonko’s impeachment, that decision should be set aside.
A 12-member tribunal appointed by former President Uhuru Kenyatta in May last year found that Chitembwe showed a lack of professionalism and his conduct was unbecoming of a Judge.
The tribunal chaired by Court of Appeal Judge Mumbi Ngugi found that six allegations levelled against Chitembwe were proven.
Among them were advising litigants to withdraw a case that was pending in court and advising Sonko to challenge his ouster.
He advised Sonko on areas that will help him in an appeal challenging his removal as the county chief.
The tribunal summarized in its decision unanimously found the allegations levelled against Chitembwe breached the constitution and the judicial service code of conduct regulations and amounted to gross misconduct.
The tribunal found his conduct in the Sonko case amounted to lack of impartiality, lack of integrity, lack of professionalism and non-disclosure of conflict of interest.
Ochweri in his court documents says from the finding of the tribunal, it is clear that Sonko was not given a fair hearing.
“As a result, I am apprehensive that the voters of Nairobi County were robbed of an opportunity of enjoying their full rights of having their elected Governor serve his full term and having a leader of their choice.”
The decision he says was compromised and the court should set aside the Chitembwe-led decision. Delivered on June 24.
Also sought is a declaration that the three-judge bench presided by Suspended Judge Said Chitembwe was not impartial in their conduct and that Kenyans' constitutional rights as voters were violated as a result of the partial decision by the bench in the case.
“In view of the Tribunals finding that Justice Chitembwe lacked impartiality, integrity, professionalism and failed to disclose a conflict of interest, it is clear that the parties in the case were not accorded a fair hearing, It is in the interest of justice that this court reviews the judgement delivered by the bench presided over by Judge Chitembwe.”
The matter was pushed to August 8 before the Deputy Registrar for directions.