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Fresh blow for Sonko as Court dismisses Kananu case

Nairobi Deputy Governor Ann Kananu has cleared one of the hurdles that prevented her from assuming office as Nairobi’s third governor.

This is after the Court of Appeal dismissed a case filed by former Governor Mike Sonko stopping her from being sworn in as deputy governor and subsequently assuming office as governor.

While dismissing the case, the appellate court said the said case had been overtaken by events after the swearing-in of Kananu as deputy governor in January).

“The Court does not, and ought not make orders in vain, or engage in an academic exercise,” read part the ruling.

“Accordingly, we agree the instant application has been overtaken by events and dismiss it with no order as to costs,” continued the ruling.

In the petition, Sonko sought conservatory orders injuncting the implementation of a ruling by High Court judge Justice Anthony Mrima on January 15, 2021.

The ruling by Justice Mrima paved the way for the vetting of Kananu by the Nairobi County Assembly and her subsequent swearing-in as deputy governor.

Activists Okiya Omtatah, Habib Omar Kombo, the Nairobi County Assembly, the Assembly’s Speaker Benson Mutura, the Assembly’s Clerk Edward Gichana, Kananu, the Attorney General, the Senate, and IEBC were listed as respondents.

The ex-City Hall boss wanted Kananu restrained from being sworn in as the deputy governor and from assuming the office of, or executing the functions of Governor, Nairobi City County, pending the hearing and determination of an intended appeal against the ruling by Justice Mrima.

Striking a blow to Sonko’s prayers, Omtatah and the IEBC did not file any papers either in support or opposition to the application.

Further, the remaining respondents, however, opposed the application.

They stated, inter alia, that the application had been overtaken by events because on January 15, 2021 Ms Kananu had already been duly sworn in as the deputy governor of Nairobi.

“That is not denied by the applicant, and in any event, it is a notorious fact that is in the public domain,” read the ruling in support of the respondents.