High Court rules that Nairobi County MCAs can vet Deputy Governor Nominee

Anne Kananu Mwendwa and Nairobi Governor Mike Sonko at a past harambee.

On Friday 17, 2020 Peter Odhiambo Agoro filed petition in a Nairobi High Court. The petitioner pleaded the court to issue orders blocking the recent nomination of Ms Anne Kananu Mwenda as the deputy governor of Nairobi County.

The petitioner termed the appointment as illegal and hence urged the High Court to declare the nomination as an aspersion on the constitution. The petitioner further asked the court to block Ms Mwenda from assuming her roles until the case he had filed under certificate of urgency was heard and determined.

Simon Mburu, a city lawyer representing the petitioner, argued before Hon Lady Justice Mumbi Ngugi that the appointment of Ms Mwenda by Governor Mike Sonko contradicted with the bail terms that were issued by Magistrate Ogoti.

“Having been barred from accessing his office Sonko cannot therefore purport to appoint his deputy as he is incapable of discharging his constitutional duties. He cannot purport to appoint a deputy governor” the petitioner stated.

Further the lawyer categorically stated that the nomination of the Deputy Governor posed a real likelihood of interfering with the prosecution witness as she was likely to be a puppet of Governor Mike Sonko.

“Sonko after being charged, was ordered not to go to office or interfere with witnesses which order was given to ensure that the integrity of the prosecution process is insulated from any interference,” he said.

Lastly, the petitioner also pleaded the court to bar the governor from nominating any other person for the position of the Deputy Governor until the criminal case against him had been concluded as any nomination goes against the public interest and is aimed at defeating the cause of justice in the corruption case that he is facing.

In a turn of events, Hon. Lady Justice Mumbi Ngugi said that the court could not stop the vetting process as she was not sure if the court had the jurisdiction to determine the matter. She further directed that Nairobi Governor as well as the Nairobi county assembly should file their responses after Harrison Kinyanjui protested that his client, Mike Mbuvi Sonko, had not yet been served with the petition.

Meanwhile the case is scheduled for mention on February 17,2020.

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