The recently impeached Nairobi governor Mike Mbuvi Sonko, on Monday moved to court to challenge the decision by the Senate to uphold his removal from office.
Through lawyers Evans Ondieki and Wilfred Nyamu, the ousted governor wanted the court to stop the swearing-in of the County Assembly Speaker Benson Mutura as the acting governor but the prayer was overtaken by events as Mutura had already assumed office.
Mr. Mutura took oath and assumed office Monday morning which event forced the lawyers back to their drawing board to amend their initial petition. They argued that the Senate was biased in the impeachment motion and that it “applied the political doctrine instead of the law and the Constitution”, which in other words was simply an abuse of the rule of law.
The lawyers added that by ignoring pleadings and submissions made by Sonko, the Senate violated the doctrine of legitimate expectation which doctrine is based on the principles of natural justice and fairness and above all seeks to prevent authorities from abusing power vested on them.