By JOHN OSORO
The High Court has declined to stop the planned impeachment of Governor Mike Sonko who is facing graft charges over 357 million shillings theft at City Hall until a formal petition is filed.
Justice Weldon Korir threw out a request by George Bush and Lawrence Oyugi, to stop the intended impeachment by Nairobi MCAs following the Anti-Corruption Court’s decision to bar the Sonko from accessing his office.
The Judge directed the duo who are officials of the Concerned Citizens Alliance to file a formal application over the planned impeachment of embattled governor Sonko.
“I decline to grant the order to stop the intended impeachment until a formal application is filed. I therefore direct a formal application to be filed,” said Justice Korir.
Justice Korir directed the DPP Noordin Haji was granted 14 days to file his response in the matter where the two are challenging the prosecution of Sonko.
In the application, the two wants Sonko prosecution halted saying that the fundamental rights of Sonko were violated during his arrest.
Bush and Oyugi accuse Haji for failing to issue summons to Sonko or ask him to present himself to the nearest police station in accordance with the law.
“That customarily, warrant of arrest should be issued against persons who fail to honor legal summons,” says the petitioners.
They further argue that in disregard of all the legal processes for securing arrest, Haji ordered the police to arrest Sonko and there by opening a floodgate for unprecedented abuses by police officers as witnessed during the arrest.
The petitioners are also seeking ordering compelling the DPP and Sonko to personally appear in court during the hearing of the application
On Wednesday Sonko is expected to appear before a Voi Law Court and answer to assault charges.
The case will be heard on March 2, 2020.
This article was originally published on Capital FM.