The High Court has issued an order suspending a Gazette notice calling for the by-election of the Nairobi governor post, for the second time.
The order was issued on Thursday by Justice Anthony Mrima on Thursday following an application filed by deputy governor nominee, Anne Kananu.
Activist Okiya Omtatah and Habil Kongo’s cases are set to be heard on Thursday. They are seeking to block Kananu’s vetting which is slated for Friday.
Earlier in the month, Justice Mrima suspended the by-election pending the hearing and determination of an application by ousted county boss Mike Sonko.
Sonko argued that the MCAs did not follow due process when impeaching him from office in December 2020.
He argued that he will suffer irreparable damage because he stands to lose his seat.
In her response to a case filed by activist Omtatah, Kananu said Sonko sponsored Peter Agoro’s petition.
Agoro filed a petition blocking Kananu’s vetting on grounds that Sonko was facing graft charges and could not, therefore, nominate a deputy.
According to Kananu, the besieged former county chief was afraid that upon being approved by the assembly, MCAs would impeach him and she would take over the reins of power.
“With ill motive, Sonko knowing that once I assumed office as the deputy governor of Nairobi, he was easily and likely to be impeached by the assembly. On January 13, 2020, he sponsored petition No 1 of 2020 seeking orders to restrain the assembly from vetting me for appointment as the deputy governor,” she said.
She also claimed that he sponsored the petition as he had no power to withdraw her nomination once it was tabled before the House.
Kananu also told the High Court that Sonko’s claim that he withdrew her nomination in a letter dated December 7, 2020, was in court.
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“I am aware that the petition stating that my nomination had been withdrawn therefore I should not be vetted by the Assembly was sponsored by Sonko, who does not want to be replaced as a governor even after being impeached,” she said.
The DG nominee further noted that Sonko’s impeachment did not in any way affect her nomination. She added that the February 18 mini-poll, if held will be prejudicial to her right to be appointed as deputy governor.
“The constitutional process of my appointment as the deputy governor should be allowed to run its full course and the petition by Sonko claiming that he withdrew my nomination is only inviting the court to meddle with affairs of the legislative arm of government,” Kananu told the court.