Former Nairobi Governor Mike Sonko has sued The Supreme Court for unfair conduct borne out of partiality, lack of independence and procedural injustice that cost him the Mombasa governor seat and loss of campaign funds.
Sonko who filed a petition before the Constitution Court in Mombasa said his right to be heard was irredeemably betrayed by the apex court not only due to considerations that were extraneous but manifest bias against him.
He also decries loss of campaign funds that were directly contributed by him in an attempt to vie for the governor elections.
The former governor now wants the High Court to award him compensation for the loss of campaign fund contributions amounting to Sh35 million and Sh15 million as damages for breach of Article 50 and political rights.
“I have spent considerable amounts of funds in the political process to vie for the position of governor of Mombasa County and the decision of the Supreme Court has harmed me financially,” said Sonko.
Sonko through his lawyers John Khaminwa and Derrick Odhiambo called on the High Court to interrogate the constitutionality of actions by state organs and all persons including superior courts.
He wants the High Court to declare that his right to a fair trial under Article 50 of the constitution was infringed in the Supreme Court petition against the Clerk, Nairobi City County Assembly.
“A declaration that the Supreme Court judgement dated July 15, 2022, in Supreme Court petition 11 of 2022 Hon Mike Sonko and The Clerk, Nairobi City Assembly and 11 others are null and void at the Supreme Court contravened Article 50(1) of the Constitution of Kenya 2010,” said Sonko.
He said the Court of Appeal and Supreme Court violated his constitutional rights.
Sonko said the conduct of the matter, more specifically the directions dated July 11 and 12, 2022, together with the utterances of the Chief Justice on public radio can only be termed as unfair conduct borne out of partiality, lack of independence and procedural injustice.
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He said that Chief Justice Martha Koome refused to recuse herself despite his application through advocates after her biased remarks on the radio.