Kenya's High Court has ruled that former Nairobi governor Mike Sonko can continue to lead the National Economic Development Party (NEDP) while a case challenging his eligibility proceeds. The court dismissed an urgent application to bar Sonko from holding or exercising powers as NEDP leader. The case, filed by advocate Nick Sanare, questions Sonko's eligibility to lead a political party following his impeachment as Nairobi governor in December 2020.
The petition, filed by Sanare of Sanare & Associates, argues that Sonko is constitutionally barred from party leadership due to his impeachment. Sanare cites Article 75(3) of the Constitution and related provisions in Articles 99(2)(h), 193(2)(g), and the Political Parties Act. The provisions assert that removal from state office disqualifies Sonko from any political party governing body. The petition also seeks to prevent the Registrar of Political Parties and the Independent Electoral and Boundaries Commission (IEBC) from recognising Sonko as a party leader.
Justice Roselyne Aburili ruled that the petition did not meet the threshold for ex-parte consideration and refused to certify it as urgent. The judge ordered the petitioner to serve all respondents before the case returns on 23 November 2026. This allows Sonko to continue leading NEDP for now, while the broader eligibility challenge will be heard after respondents are served.
Sonko founded NEDP, which was registered in December 2025. He has been actively presenting candidates, revoking appointments, and leading campaigns ahead of the 2027 general election. The court's decision means that Sonko's position as NEDP leader remains unchanged for the time being.
The petitioner, Nick Sanare, argues that Sonko's removal from state office disqualifies him from leading a political party. Sanare's filing notes that Sonko has been actively involved in NEDP activities, including presenting candidates and leading campaigns. The case will be heard on 23 November 2026, after which the court will determine whether Sonko is eligible to lead NEDP.
The court's decision has significant implications for Sonko's political career and NEDP's preparations for the 2027 general election. Sonko's eligibility to lead NEDP will be determined in due course, after the respondents have been served and the case has been heard.
The case highlights the complexities of Kenyan politics and the importance of adhering to constitutional provisions and laws governing political parties. The court's ruling underscores the need for clarity on the eligibility of former office holders to lead political parties.
Key points
- The Kenyan High Court has declined to suspend Mike Sonko as NEDP leader pending a ruling on his eligibility.
- The case challenging Sonko's eligibility will be heard on 23 November 2026.
- Sonko's impeachment as Nairobi governor in December 2020 is the basis for the challenge to his eligibility as NEDP leader.