Former Nairobi Governor Mike Sonko will stay at the helm of the National Economic Development Party (NEDP) for now. The High Court has declined to issue urgent orders barring him from party leadership on the grounds of his 2020 impeachment.

Justice Roselyne Aburili said the petition did not meet the threshold for urgent, one-sided orders, which would have been issued without first hearing Sonko and the other respondents. "Am not satisfied that the same are urgent for ex parte consideration. I decline to certify them," the judge ruled.

She directed the petitioner to serve all the respondents. The case will come back to court on November 23 for further directions.

The case against Sonko

The petition was filed on October 23 by advocate Nick Sanare, managing partner at Sanare & Associates Advocates. He argues that a governor removed from office cannot hold a position in the governing body of a political party.

He relies on Article 75(3) of the Constitution, which bars a person dismissed from office for breaching leadership and integrity rules from holding any other State office. He also cites Articles 99 and 193 and sections 7 and 13 of the Political Parties Act.

Sanare asked the court to:

  • Stop Sonko from acting as NEDP party leader or holding any other office in its governing body
  • Bar the Registrar of Political Parties from recognising or gazetting him as a founder or official, including under leadership changes gazetted on or about October 9
  • Direct the IEBC not to accept nomination papers or party lists signed by Sonko as an NEDP official
  • Compel the Registrar to release the party's registration records and list of founding members

The petition notes that the gazette notice of proposed changes listed the party leader's post as vacant. Sanare argues this could let Sonko move into another senior role without disclosing his status.

Impeachment that went all the way

Nairobi MCAs impeached Sonko on December 17, 2020, over allegations including abuse of office and gross misconduct, and the Senate upheld the removal. He challenged it in court, but the High Court, the Court of Appeal and the Supreme Court all upheld it in 2021 and 2022. A final review application was dismissed in July 2024.

NEDP was registered in December 2025. According to the petition, Sonko has since publicly acted as its leader. He has presented candidates for by-elections, revoked party appointments, suspended party activities and run grassroots campaigns ahead of the 2027 General Election.

Migwani by-election test

The petition says Sonko is leading NEDP's campaign in the Migwani Ward by-election in Kitui County, set for November 17. With no orders in place, he can keep campaigning and signing party documents until the court rules otherwise.

Sonko and NEDP have not publicly responded to the petition. The court has not yet decided the main question of whether an impeached governor can lead a political party. The case is expected to test how far the integrity bar in Chapter Six of the Constitution reaches into party politics.

Photos: Wing via Wikimedia Commons (CC BY-SA 3.0, High Court of Kenya); TV47 (Mike Sonko). Thumbnail design: HAMASTA MEDIA.