NAIROBI, Kenya – Former Nairobi Governor Mike Sonko will remain at the helm of the National Economic Development Party (NEDP) for now after the High Court declined to issue urgent orders blocking him from exercising the party leadership functions.
Justice Roselyne Aburili rejected an application seeking to temporarily stop Sonko from holding or assuming the position of party leader while a petition challenging his eligibility is pending.
The judge also declined to certify the case as urgent, ruling that the application did not warrant consideration without first hearing the respondents.
In her directions, Aburili ordered the petitioner to serve all the respondents before the matter returns to court on November 23, 2026, for further directions.
“I have perused the Petition and application by way of Notice of Motion dated 23rd October, 2026, filed under certificate of urgency, [and] am not satisfied that the same are urgent for ex parte consideration. I decline to certify them,” the judge ruled.
The decision does not determine whether Sonko is legally qualified to lead NEDP. Instead, it leaves him in his current position pending further proceedings in the case.
Lawyer challenges Sonko’s eligibility
The petition was filed by Nick Sanare, an Advocate of the High Court and managing partner at Sanare & Associates Advocates.
Sanare argues that Sonko’s impeachment and removal as Nairobi Governor disqualify him from holding leadership positions within political parties.
He wants the court to issue conservatory orders preventing Sonko from holding, assuming or exercising the powers of party leader or any other position in NEDP’s governing body, regardless of the title attached to the office.
The lawyer is also seeking orders stopping the Registrar of Political Parties from recognising, registering or gazetting Sonko as a founding member or official of NEDP.
The proposed restrictions would also prevent the Independent Electoral and Boundaries Commission (IEBC) from accepting nomination certificates, party lists or other documents signed by Sonko in his purported capacity as a party official.
However, the application expressly excludes candidates who may already have been cleared by the electoral commission before such orders are issued.
Constitutional provisions cited in petition
Sanare relies on Article 75(3) of the Constitution, which provides for disqualification from holding other State offices where a person has been removed from office for contravening Article 75.
He also cites Articles 99(2)(h) and 193(2)(g) of the Constitution, alongside Sections 7(3)(d) and 13 of the Political Parties Act.
The lawyer argues that these provisions extend the restrictions to individuals seeking positions within political party governing bodies.
According to the petition, Sonko was impeached on December 17, 2020, over allegations including abuse of office and gross misconduct.
His removal was subsequently upheld by the High Court on June 24, 2021, the Court of Appeal on March 4, 2022, and the Supreme Court on July 15, 2022.
His subsequent applications seeking a review of the Supreme Court decision were also dismissed, with the final application determined on July 26, 2024.
Sanare argues that the conclusion of those proceedings triggered constitutional and statutory restrictions that now prevent Sonko from occupying a position within NEDP’s governing body.
Sonko’s NEDP leadership under scrutiny
The petition states that Sonko founded NEDP, which was registered on or about December 9, 2025, and has since publicly presented himself as its leader.
Sanare cites alleged instances of Sonko exercising party leadership functions, including presenting candidates for by-elections, revoking appointments, suspending party activities and conducting grassroots mobilisation ahead of the 2027 General Election.
He further claims that Sonko is leading the party’s campaigns in the Migwani Ward by-election scheduled for November 17, 2026.
The lawyer has also asked the court to compel the Registrar of Political Parties to produce NEDP’s registration records, list of founding members, details of its governing body and documents relating to proposed changes to party officials.
The application follows a Kenya Gazette notice published on or about October 9, 2026, concerning proposed changes to NEDP’s leadership.
Sanare wants the court to examine the records before the Registrar formally recognises the proposed changes.
The case will return to court on November 23, after the respondents have been served.
