The Supreme Court of Kenya has suspended the intended swearing-in ceremony of the acting Nairobi Governor Ann Kananu as the Governor of Nairobi.

Kananu’s swearing-in ceremony has been postponed for another two weeks.

This came after former governor Mike Sonko rushed to the supreme to stop the ceremony after the Appellate Court threw out his application to bar Kananu from assuming office last Friday.

Supreme Court Judge Justice Mohammed Ibrahim directed the Assumption of Office and the committee spearheading the process to halt the process to allow Sonko time to argue his case before the Supreme Court.

Sonko argued he stands to unlawfully and unfairly be deprived of his lawfully contested and won gubernatorial seat if the court did not intervene.

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He maintains that his impeachment was illegal and the court should determine if it was conducted in a lawful manner.

The former governor also argued in an affidavit that Kananu assumed the position of the Deputy Governor of Nairobi unconstitutionally and unlawfully. He claimed there were plans to have Kananu become the Governor of Nairobi although unlawfully and unconstitutionally.

“If the intervention sought herein is not granted the jeopardy suffered by the Appellant herein is double – both the Court of Appeal in the 2 Appeals alluded to above and this Honourable Supreme Court will be left with Appeals and a Petition of Appeal respectively that are merely academic as the Nairobi City County Governor position which has been preserved so far will have been unlawfully taken by the 11th Respondent (Ms Kananu) herein,” read the document.

The embattled former governor said he can only be removed lawfully and constitutionally from his gubernatorial position. He noted that even though the Appellate Court ruled, he could be compensated through damages; it did not stop the swearing-in of Kananu. 

He argued it contradicts his constitutional right to serve a full term as governor for Nairobi.

“There is only one possible scenario that could emerge if the orders sought by the applicant are not granted. There being NO election to be called in spite of Article 182(5) of the Constitution of Kenya having been invoked on 21st December 2021 to swear in the Nairobi City County Assembly Speaker (10th Respondent) as the Acting governor), the Appellant will lose forever his opportunity to complete his constitutional gubernatorial term if his appeals succeed,” Sonko said.

The Court of Appeal ruled that the former Governor of Nairobi Gideon Mbuvi alias Mike Sonko has been out of office for over ten months therefore not the governor and gave a go-ahead for the swearing-in of Kananu.