The High Court has struck out a petition by former Nairobi Governor Mike Sonko seeking Sh50 million compensation from the Supreme Court for locking him out of the Mombasa governorship contest.
In the petition, Sonko sued the Supreme Court for unfair conduct “borne out of partiality, lack of independence, and procedural injustice” that he claimed cost him the Mombasa governor seat, and loss of campaign funds.
On Thursday, Justice Olga Sewe allowed a Preliminary Objection PO raised by the Attorney General who said the jurisdiction of the High Court was erroneously evoked.
The judge said her court has no jurisdiction to determine the petition that ought to have been a judicial review rather than a constitutional petition.
“This is a matter that falls outside this court jurisdiction. It is more of a judicial review. In the light of the foregoing, I find merit in the PO,’ said Sewe.
The judge however said the High Court has powers to interrogate superior courts including Supreme Courts in instances where there is an infringement of constitutional rights.
“In the first instance of violation of the constitutional right, the High Court is the first court to determine whether the fundamental rights have been violated. The High Court has powers to interrogate all persons including superior courts in instances of constitutional rights violations,” said Sewe.
Sonko had argued in court that 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 the loss of campaign funds that were directly contributed by him in an attempt to vie for the governor elections.
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.