The Nairobi county assembly can vet deputy governor nominee Anne Kananu after the high court dismissed petitions filed by activist Okiya Omtatah and Habil Kongo.
Justice Anthony Mrima dismissed the applications but noted that there are indeed fundamental issues of law that need to be determined.
“Some of them are whether the nominee (Kananu) was legally nominated and was Sonko able to nominate Kananu when he had been illegally barred by an anti corruption court among other issues. For those reasons I find a prima facie case has been demonstrated in this matter,” he said.
The judge ruled that the petitioners did not demonstrate any prejudice if the orders are granted.
“There’s no proof Kananu will be approved after vetting. They (Omtata and Kongo) will not be prejudiced or their cases will not be compromised if the orders they are seeking to block the vetting are not issues.”
Kananu will this morning be vetted by a 10-member committee of the county assembly.
If approved Kananu who was nominated by ousted governor Mike Sonko is likely to takeover as governor.
On Thursday, justice Mrima suspended for a second time a Gazette notice calling for the Nairobi governor by-election pending the hearing and determination of Kananu’s case.
The Nairobi mini-poll remains in limbo.