There are talks that Ms. Anne Kananu is likely to be cleared by courts for vetting as the DG nominee and ultimately become the Nairobi Govenor. ????? NOO I don’t see how this will be possible on earth and that 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 Governors seat fell vacant and therefore Article 182(2) is nolonger applicable in this case.
2. The Speaker has already been sworn in as an Ag.Governor pursuant to the provisions of Article 182(4) and as such the chance for a ‘Deputy Governor’ to take over as the Governor has been overtaken by events.
Once the Speaker is sworn as the Ag. Governor, elections must be held within 60 days as provided for in Article 182(5).
There is no legal avenue whatsoever for the Speaker to ‘re-hand’ over power back. That would be like contemplating the past. The law doesnt work retrospectively.
There is no reverse gear in this matter. There are only two option:
a. Proceed and conduct a by-election on 18th February 2021
b. Someone to petition and get a court order vacating the IEBC gazette notice. In the event of that, there shall be a court interpretation as to whether the speaker can continue to act as the Governor till such a time when a new Governor is elected.