Embattled Nairobi County Governor Mike Mbuvi Sonko has been dealt a blow after the High Court declined to stop the hearing of his impeachment in the Senate.
In a ruling delivered on Wednesday, Justice Nduma Nderi said he cannot interfere with the hearing that is ongoing.
The county boss wanted the court to halt the impeachment process.
Meanwhile, Senate Speaker Keneth Lusaka this afternoon declined to stop hearing of Sonko’s impeachment.
Lusaka dismissed the governor’s application to halt the ongoing hearing citing unlawful procedures by the Nairobi County assembly.
Lusaka has also rejected Sonko’s plea to strike out the case on the basis that some allegations raised touch on cases currently active in courts.
“The Senate can only make a fair determination having heard the evidence from both sides. This is the essence of this investigation. This investigation before senate is both in respect of procedural as well as substantive matters,” said Lusaka.
The speaker, however, allowed Nairobi Members of County Assembly (MCAs) to admit at most three new witnesses to testify against the governor.
“Having perused the request which is on record, I will allow the county assembly to summon not more than three witnesses excluding the Governor and the Commissioner-General, Prisons Service,” the speaker said.
“While the predictability of this order may pose challenges, it should be noted that the hearing is for two days and this request must be made at the hearing.”
Sonko was impeached on December 3 on grounds of gross violation of the Constitution, abuse of office and crimes under national law.
The Nairobi MCAs want the governor sent home over his refusal to assent the bill on Ksh37.5 billion 2020-21 budget.
Sonko is also accused of persistently harassing, intimidating and molesting county officers and using City Hall cash to fly his daughter to the County First Lady’s Conference in New York, the US in 2018.
The Senate will hear the matter and vote to uphold or dismiss the governor’s impeachment.