3-judge bench to hear 9 petitions against Nairobi DG Anne Kananu

Acting Chief Justice Philomena Mwilu has appointed a three-judge bench to hear nine petitions against Nairobi DG Anne Kananu.

Justice Said Chitembwe will preside over the petitions that will be mentioned on February 25, 2021 at 12pm before the bench.

“It will be a virtual mention and the link to join shall be posted on the weekly Cause List,” Deputy Registrar Constitutional & Human Rights Division Njeri Thuku said a statement.

All parties are to supply the registry with three copies of the all the pleadings (including
affidavits of service) for each file filed to date.

They are to be delivered in the CHR Registry on or before February 22, 2021 at 12pm.

Last month, the High Court temporarily stopped the swearing in of Anne Kananu Mwenda as Nairobi Governor pending the hearing of a petition filed by the Law Society of Kenya (LSK) and Kenya Human Rights Commission (KHRC).

The court directed that the matter be forwarded to the acting CJ Philomena Mwilu to assign the case to a bench of at least three judges.

“Pending further orders of a multi bench and with the view of maintaining the prevailing status quo, a temporary injunction is hereby issued restraining the respondents, their agents and or servants from swearing in as Governor of Nairobi County pending hearing of the application,” reads the court order.

The order came after Kananu took over as Acting Governor from Speaker Benson Mutura who was holding the position following the impeachment of Mike Sonko.

“We have secured a significant victory with the high court temporarily stopping the swearing in & assumption of office of Anne Kananu pending hearing of a petition filed by the KHRC & LSK. The court has just blocked the attempt at illegal subversion of our constitution,” said the Kenya Human Rights Commission.

Anne Kananu was hurriedly vetted and sworn in as Deputy Governor on Friday last week eliciting mixed reactions among Kenyans, political parties, activists and lawyers alike questioning the legality of the process.

Law Society of Kenya President Nelson Havi told Citizen TV that “the swearing in of Anne Kananu amounts to a coup upon the constitution. We are going to court.”

The Thirdway Alliance political party, which has already filed a case against Kananu, has since condemned the process terming it illegal and one that is a clear affront to the rule of law.