The Nairobi Governor by-election has been suspended pending determination of a petition filed by impeached county boss Mike Sonko.
High Court Judge Antony Mrima, in a ruling delivered on Monday, said Governor Sonko as well as the Nairobi County Assembly presented important arguments which he certified as urgent hence it was necessary to halt the by-election process and hear them first.
Nairobi County Assembly lawyer Ndegwa Njiru and Sonko’s legal team both expressed satisfaction at the ruling, further stating that the matter should be heard by more than one judge.
Judge Mrima will now issue a ruling on whether the matter will be heard by a bench on January 14, 2020.
Lawyer Ndegwa also stated that Sonko had nominated Ann Kananu to be his deputy governor hence arguing that should the Kenyan citizen who went to court to oppose the nomination drop the case, then Kananu should be sworn in as the new Nairobi Governor.
On the issue of Kananu petition being withdrawn clearing for her vetting as the DG, the following points should be considered:
Well, it is ossible but for her to come back as a substantive Governor would be the most illegal move in the history of politics for:-
1.One can only be deemed as a Deputy Governor if he/she had been serving in that capacity as at the time the Governor’s seat fell vacant and therefore Article 182(2) no-longer applicable in this case.
2. The Speaker has already been sworn in as Ag.Governor pursuant to the provisions of Article 182(4) and as such the chance for Kananu becoming ‘Deputy Governor’ and eventually Governor has been overtaken by events.
3. Once the Speaker is sworn as the Ag. Governor, elections must be held within 60 days as provided for in Article 182(5).
4. There is no legal avenue whatsoever for the Speaker to ‘re-hand’ over power back. That would be like contemplating the past. The law doesn’t work retrospectively.
There is no reverse gear in this matter. There are only two option:
a. Proceed and hold a by-election before 19th February 2021 -Now suspended by courts . It will have to WAIT.
b. A court order stopping the elections from happening and the speaker continues till such a time a new Governor is elected ~ This is card B should the hearing in Sonko petition happen before 18th February and clear way for the by-election.