The High Court has declined to bar former Nairobi Governor Mike Sonko from holding the position of party leader of the National Economic Development Party (NEDP) pending the hearing and determination of a petition challenging his eligibility.

Justice Roselyne Aburili declined to issue temporary orders and certify the application urgent pending the hearing of the application instead the judge directed the petitioner to serve the respondents before the matter returns to court on November 23, 2026, for further directions.

In her ruling, Justice Aburili stated that she had examined the petition and the Notice of Motion dated October 23, 2026, but was not satisfied that the matter warranted urgent consideration without hearing the respondents.

“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 application was filed by Nick Sanare, an Advocate of the High Court of Kenya and managing partner at Sanare & Associates Advocates, who is challenging Sonko’s eligibility to serve as a party leader or hold any other position within the governing body of NEDP.

Sanare is seeking conservatory orders restraining Sonko from holding, assuming, exercising or purporting to exercise the functions or powers of party leader or any other office within the party’s governing body, regardless of the title assigned to the position.

He has also asked the court to restrain the Registrar of Political Parties from registering, recording, recognising, approving or gazetting Sonko as a founding member, official or office holder of NEDP, whether pursuant to a notice of proposed changes to the party’s officials published in the Kenya Gazette on or about October 9, 2026, or otherwise.

In addition, the petitioner wants the court to direct the Independent Electoral and Boundaries Commission (IEBC) not to accept, register or act on any nomination certificate, party list or other instrument issued, signed or certified by Sonko in his purported capacity as an NEDP official.

The proposed order, however, would not affect candidates who had already been cleared by the IEBC as at the date of the order.

Sanare has further asked the court to compel the Registrar of Political Parties to provide certified copies of NEDP’s registration application, its list of founding members, details of its governing body as submitted and currently recorded, and the notice of changes to its officials published in October 2026.

He also wants the registrar to produce any objections received regarding the proposed changes, together with documents relied upon to establish compliance with Section 7(2)(e) of the Political Parties Act.

In the petition, Sanare argues that Sonko is constitutionally and legally disqualified from serving in the governing body of a political party because of his removal from public office.

According to the court documents, Sonko was impeached as Nairobi governor 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. The Supreme Court delivered its reasons on December 5, 2022, in Sonko v County Assembly of Nairobi City & 11 others (2022) KESC 76 (KLR).

The petition further states that Sonko’s applications for review of the Supreme Court judgment were dismissed, including a final application determined on July 26, 2024, in Sonko v Clerk, County Assembly of Nairobi City & 11 others (2024) KESC 43 (KLR).

Sanare argues that the decisions and subsequent dismissal of the review applications exhausted the available avenues for appeal or review, triggering the constitutional and statutory restrictions he relies on in challenging Sonko’s eligibility.

He cites Article 75(3) of the Constitution, which provides for the disqualification of a person removed from office for contravening Article 75 from holding any other State office.

The petitioner also relies on Articles 99(2)(h) and 193(2)(g) of the Constitution, as well as Sections 7(3)(d) and 13 of the Political Parties Act, arguing that the provisions disqualify persons who have contravened Chapter Six of the Constitution or are otherwise disqualified from public office from serving in a political party’s governing body.

According to the petition Sonko founded NEDP, which was registered by the Registrar of Political Parties on or about December 9, 2025, and has since been publicly presented as the party’s leader.

Sanare cites media reports alleging that Sonko has exercised leadership functions within the party, including presenting candidates for by-elections, revoking appointments, suspending party activities and launching grassroots campaigns ahead of the 2027 General Election.

The petitioner further claims that Sonko is currently leading the party’s campaign in the Migwani Ward by-election scheduled for November 17, 2026.

The court documents also refer to a notice of proposed changes to NEDP’s officials published in the Kenya Gazette on or about October 9, 2026, which reportedly listed the position of party leader as vacant without disclosing Sonko’s status.

Sanare argues that the proposed changes could allow Sonko to assume another senior position within the party, potentially circumventing the restrictions he says apply to his eligibility.

He is therefore asking the court to intervene before the proposed changes are formally recognised by the Registrar of Political Parties.

The matter will be mentioned on November 23, 2026, for further directions after service on the respondents