Sonko v Clerk, Nairobi City County Assembly & 11 others
The bottom line
#Supreme Court dismisses Sonko's bid to adjourn or remove Chief Justice from his appeal.
What this practically means
#Mike Sonko asked the Supreme Court to delay his appeal and to have the Chief Justice step down from hearing it. The Court said no to both requests. It found that Sonko had enough time to prepare and that the issues were already clear from earlier cases. On recusal, the Court said such requests must be made in writing, not spoken in court. Sonko did not provide any evidence of bias. The appeal was urgent because of the upcoming elections.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the appellant's application for adjournment should be granted.
- 2.Whether the President of the Court should recuse herself from hearing the appeal.
Key legal issues
#Whether an adjournment should be granted when the appellant had ample time to prepare and contributed to delay.
The Court dismissed the adjournment application, finding that the issues were already crystallized from prior proceedings and the appellant had delayed the matter himself.
The Court acknowledged the short notice of directions but noted that all parties had complied and filed submissions. The appeal involved the same impeachment issues previously litigated, so there was nothing new requiring more time. The appellant also contributed to delay by filing the hard copy over a month after the electronic copy. Given the urgency and public interest in the forthcoming elections, the application lacked merit.
Whether an oral application for recusal of a judge from the bar is procedurally proper.
The Court held that an application for recusal must be made by formal written application, not orally from the bar.
The appellant failed to provide particulars of the alleged biased statements by the President of the Court. The Court reiterated its consistent practice that recusal applications require a formal written application. The appellant knew the Court's composition and should have filed such an application earlier. Without a formal application and particulars of bias, the recusal request did not meet the parameters set in Gladys Boss Shollei v. Judicial Service Commission.
Legal principles established
#- A recusal application must be made by a formal written application, not orally from the bar.
- An adjournment may be refused if the applicant contributed to the delay and the issues are already settled.
- Urgency and public interest, such as pending elections, are valid reasons to deny an adjournment.
- A party seeking recusal must provide specific particulars of alleged bias.
- A party who knows the court's composition in advance must file a recusal application promptly.
Court orders
#- 1.The appellant's application for adjournment is dismissed.
- 2.The appellant's application for recusal of the President of the Court is dismissed.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- Jurisdiction invoked
- not specified in this ruling
Relief refused
#Adjournment of the hearing of the appeal
The issues in dispute had been crystallized from prior proceedings, the appellant contributed to delay, and the appeal was urgent with public interest implications for the forthcoming elections.
Recusal of the President of the Court (Chief Justice)
No particulars of the alleged biased statements were provided, and the application was not made by formal written application as required by the Court's practice.
Costs
No order as to costs was made in this ruling.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
the Court has been consistent and resolute that an application for recusal of any Judge of the Court cannot be made from the bar. Rather, such an application must be through a formal written application lodged in the Court.
the issues in dispute in all those proceedings having been crystalized, there is nothing new which would justify the appellant's advocates' contention that they needed more time, over and above what they have had from the time the appeal was filed, to prepare for the appeal.
the Court dismissed the appellant's application reserving to issue the reasons herein soon thereafter.
Key timeline
#Practical implications
#Recusal must be in writing
Lawyers must file a formal written application for recusal before the hearing. An oral request from the bar will be dismissed. Include specific evidence of bias, citing the Gladys Boss Shollei case. Also, file early once you know the bench composition to avoid procedural rejection.
Election timelines are strict
Businesses involved in election-related disputes should note that courts prioritize speed and finality. Delays caused by a party may be used against them. If your case affects public interest, expect the court to push for quick resolution and deny adjournments that seem tactical.
Follow court procedures exactly
If you want a judge to step down, you must file a written request with clear reasons. Speaking in court is not enough. Also, if you cause delays, the court may refuse to give you more time. Always meet deadlines and prepare early, especially in urgent cases like election petitions.
Frequently asked questions
#Can a judge be asked to recuse orally in Kenya?+
No. The Supreme Court has ruled that a recusal application must be made through a formal written application filed in court. An oral request from the bar is not allowed. You must also provide specific details of the alleged bias.
What happens if you miss a court deadline in Kenya?+
The court may deny your request for more time if you caused the delay and the issues are already clear. In urgent matters like election appeals, the court is likely to refuse adjournments to avoid disrupting the electoral calendar.
How to apply for recusal in Kenya Supreme Court?+
You must file a formal written application with the court registry. The application should state the grounds for recusal and provide evidence of bias. It must be filed before the hearing, not raised orally on the day. The court follows the Gladys Boss Shollei precedent.
Can an adjournment be denied in an election petition in Kenya?+
Yes. If the applicant contributed to the delay and the issues are already settled from prior proceedings, the court may refuse an adjournment. Public interest and the need for speedy resolution of election disputes are strong reasons to deny further delays.
Cite this brief
#Cite this brief
Caselaw, "Sonko v Clerk, Nairobi City County Assembly & 11 others", Case Analysis (2022). Petition 11(E008) of 2022. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2022/27/eng@2022-07-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.