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High Court orders Nairobi lawyer to pay Governor Sonko KSh 5k for delaying ouster petition
Tuko Team|Jun. 12, 2019
- The petitioner Boniface Mwangi filed a petition seeking to oust Sonko in 2018
- However, after the lawyer requested another adjournment, his case looked a lost cause
- High court went on to order him to compensate the governor for "wasting his time"
The High Court in Nairobi has ordered a city lawyer to pay Governor Mike Sonko KSh 5,000 for wasting the county chief’s time.
Boniface Nyamu had in 2018 filed a petition seeking to oust Sonko over alleged gross misconduct under certificate of urgency but has failed to formally present the application in court since then.
Justice James Makau of the constitutional division of the High Court gave Nyamu a sober tongue lashing after the lawyer requested for another adjournment.
Nyamu sought to have the case adjourned saying his lawyer was not feeling well but failed to present medical report to substantiate his claims.
However, Harrison Kinyanjui, the lawyer representing Sonko opposed the request and further asked the court to order Nyamu to pay costs of adjourning the matter.
"I will be asking this court to order the petitioner to pay costs of this petition, because I was ready to proceed," he said.
Makau observed the applicant had made a habit of requesting unnecessary adjournments despite the gravity of the petition he had filed.
“This is a very serious petition yet you have been seeking adjournments again and again wasting court and defendant’s time. I will however grant an adjournment though it is unjustifiable. The petitioner will pay the defendant KSh 5,000 for wasting his time,” said the Judge.
In the petition, Nyamu wants court declare Sonko unfit to hold any public office and call for a fresh gubernatorial election.
The petitioner accused Sonko of using unprintable words in his speeches and insulting Nairobians and other leaders on social media.
He accused the governor of engaging in different acts of gross misconduct and violating the Constitution.
In response, Sonko asked the court to dismiss the suit saying it constituted generalised anecdotal allegations which were largely hearsay and broadside tales.
He argued there was no evidence proving Nyamu was a registered voter in any polling in Nairobi county.
The matter will be heard on October Tuesday October 8.
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