Former Nairobi Governor Mike Sonko speaks to press at Milimani court precints/HANDOUT
Former Nairobi Governor Mike Sonko has moved to join the ongoing High Court proceedings challenging the proposed sale of a 15 per cent government stake in Safaricom.
Through his lawyer Harrison Kinyanjui, Sonko told the court that there was no basis for opposing his application for joinder, arguing that the petitioners had already indicated they had no objection.
Senior Counsel Kalonzo Musyoka, who is representing petitioners Tony Gachoka and Fredrick Ogola, had earlier indicated he had no objection to the joinder application.
It is on this basis that lawyer Kinyanjui argued that the application should be allowed.
“Joinder was made the moment Kalonzo said they don’t object to the application. The issue of opposition, in my view, does not arise,” Kinyanjui submitted.
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He added that his client has a direct stake in the matter and is keen on ensuring the issues raised are fully determined. 
“It is my client’s interest to have the subject matter alive for adjudication,” he said.
The case, which is before a three-judge bench comprising Justices Roselyne Aburili, Francis Gikonyo and Tabitha Wanyama Ouya, is challenging the legality and process surrounding the planned divestiture of government shares in Safaricom. 
During the proceedings on Thursday, the court clarified that all applications, including those for joinder, will be considered in an orderly manner before the substantive hearing of the petition.
Kalonzo had sought an extension of the status quo on the sale process, pending the hearing of an application for conservatory orders to block the sale until the petition is determined.
The status quo was earlier issued by Lawrence Mugambi, restraining parties from proceeding with the sale process pending the constitution and directions of the current bench by Chief Justice Martha Koome to hear the case.
On case management, Justice Gikonyo, speaking on behalf of the bench, outlined the way forward. 
“We have taken the view to hear the application for conservatory orders within 10 days. We will hear arguments and then give a substantive ruling on it,” he said.
He added that the court would, in the meantime, preserve the existing position. 
“As of now, we will extend the status quo order dated March 23,” he directed.
The judge also cautioned parties against undermining the court’s directives.
On the pending applications, the bench indicated that the joinder request by Sonko, which has been opposed by some parties be addressed after the conservatory orders application is heard. 
“In the meantime, application for joinder which has been objected to, once we hear the conservatory orders application we can have a hearing date for the other applications,” the court directed.
The application seeking conservatory orders to block the sale will be heard on April 27, 2026.
In a brief address to the press during the session, Sonko said his interest in the case is driven by the need to represent grassroots traders.