The High Court of Kenya has refused to issue an interim order to bar former Nairobi Governor Mike Sonko from serving as the leader of the National Economic Development Party (NEDP). This decision allows Sonko to remain the party leader pending a hearing scheduled for November 23, 2026. Justice Roselyne Aburili made this ruling after Advocate Nick Sanare of Sanare & Associates filed a petition challenging Sonko's eligibility to hold the position.
The petition filed by Sanare seeks conservatory orders to prevent Sonko from exercising any functions of the party leader or holding any office within NEDP's governing body. Sanare also requests that the court stop the Registrar of Political Parties from recognizing Sonko as a founding member or office-holder and bar the Independent Electoral and Boundaries Commission (IEBC) from accepting any nomination documents signed by him. The petitioner argues that Sonko is constitutionally disqualified due to his impeachment and removal from the Nairobi governorship on December 17, 2020.
The removal of Sonko from the Nairobi governorship was upheld by the High Court, Court of Appeal, and Supreme Court between 2021 and 2022. Sanare points to the dismissal of Sonko's review applications, including a final one in July 2024, as evidence that all legal avenues to challenge his removal have been exhausted. This, Sanare argues, invokes constitutional and statutory disqualification provisions that bar persons removed for constitutional breaches from holding party leadership positions.
The petition cites Article 75(3) of the Constitution and Sections 7(3)(d) and 13 of the Political Parties Act. According to the filing, Sonko founded NEDP, which was registered in December 2025, and has been publicly presented as its leader. He has been leading campaign activities for the Migwani Ward by-election scheduled for November 17, 2026.
A notice of proposed changes to NEDP officials published in the Kenya Gazette on October 9, 2026, listed the party-leader post as vacant. This prompted concerns that Sonko could assume another senior role to circumvent the disqualification. The petitioner and the respondents will be served before the next hearing, after which the court will consider further directions on the requested conservatory orders.
Justice Aburili's decision allows Sonko to continue his role in NEDP for now. The court's ruling is a significant development in the ongoing dispute over Sonko's eligibility to lead the party. The case will be heard on November 23, 2026, when the court will consider further directions.
The case has significant implications for Sonko's political career and the leadership of NEDP. The court's decision to allow Sonko to remain as party leader pending the hearing has sparked mixed reactions among Kenyans. Key stakeholders are watching the developments closely as the by-election in Migwani Ward approaches.
Key points
- The High Court has declined to bar Mike Sonko from leading NEDP pending a November 23 hearing.
- Sonko's eligibility to lead NEDP is being challenged due to his impeachment and removal from the Nairobi governorship in 2020.
- The court's decision allows Sonko to continue his role in NEDP for now, but the case will be heard on November 23, 2026.
