Nairobi County Assembly Speaker throws out Governor Sakaja ouster petitions over legal gaps
The petitioners had accused Governor Sakaja of gross violation of the Constitution and national laws, abuse of office and violation of the rights of Nairobi residents.
Nairobi County Assembly has dismissed two petitions seeking to impeach Governor Johnson Sakaja, citing procedural and legal flaws that rendered the attempts invalid.
In his communication to the Assembly on Thursday, Speaker Ken Ngondi said the petitions, filed by a former Korogocho MCA, Michael Ochar and Nairobi resident Bonface Sila Bonface, failed to meet constitutional thresholds required to initiate a formal impeachment motion.
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He said the petitions could not proceed as they did not comply with the requirements set out in the Constitution and the County Governments Act.
“The process must be initiated by a sitting Member of County Assembly through a formal written notice to the Speaker. The motion must be supported by at least one-third of the MCAs for it to proceed. The motion must clearly articulate grounds for removal and be supported by evidence,” Ngondi told the House.
He explained that Article 181 of the Constitution outlines the basis for removing a county governor, which includes gross violation of the Constitution or any other law, abuse of office or gross misconduct, physical or mental incapacity to perform the functions of the office and serious reasons to believe the governor has committed a crime under national or international law.
Ngondi further cited Section 33 of the County Governments Act, which lays out the detailed procedure for removal from office. Once a valid motion is received, the Speaker must approve it before it is subjected to a vote. To pass, it must garner the support of at least two-thirds of all sitting MCAs. If successful, the Speaker is then required to notify the Speaker of the Senate in writing within two days, referencing the resolution of the Assembly.
The petitioners had accused Governor Sakaja of gross violation of the Constitution and national laws, abuse of office and violation of the rights of Nairobi residents.
They alleged that the governor illegally deployed county enforcement officers to evict tenants from county-managed estates and fraudulently misrepresented rent arrears owed by property owners in the city.
Ochar also argued that the county boss has failed to perform his duties professionally, transparently and accountably.
“Sakaja has violated the oath of office, breached the Constitution, abused his position, and his conduct is unacceptable,” Ochar said.
The petitioner also wanted Sakaja out of office based on the recent demonstrations in Nairobi city on June 17, 2025.
He claimed that goons, allegedly hired by the governor, were attempting to intimidate or coerce peaceful protestors through threats or violence, aiming to maintain power through force against those exercising their democratic rights.
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