Former Nairobi Deputy Governor Polycarp Igathe has moved to the High Court to know the status of his resignation which was tendered three years ago.
In his affidavit, Igathe who is now into the corporate world, says that neither the then governor Mike Sonko nor the Speaker acknowledged his resignation letter.
“That the legal effect of the failure to formalise or recognise my resignation and the failure by the Nairobi County or any public institution to conduct any legal formalities to conclude my resignation is a matter to be determined by this honourable court in my humble view,” said Igathe.
Mr Igathe resigned on January 12, 2018, after falling out with Sonko, and now says his resignation letter was copied to Sonko and the Speaker of the County Assembly.
Igathe now says that he is not aware whether the legal steps to formalise his resignation were effected.
In June 2020, the Independent Electoral and Boundaries Commission (IEBC) said it was not aware of Polycarp Igathe’s resignation as Nairobi deputy governor.
IEBC was responding to the county assembly, which sought an advisory opinion after Sonko, while serving as a governor, was charged and barred from accessing his office by the court.
“On the vacancy in the office of the Deputy Governor, Nairobi county, the commission has not received any formal communication as to the alleged vacancy other than information in the media,” the letter signed by IEBC Director of Legal and Public Affairs Michael Goa read.
Upon resignation, the governor (Sonko) ought to have communicated to the speaker of the County Assembly who then would have written to IEBC regarding the resignation.
However, IEBC still cleared Sonko’s nominee for the position of the Deputy Governor Anne Kananu Mwenda, something that could amount to a legal crisis.
Ms Mwenda has already been sworn in as the deputy governor following Sonko’s impeachment.
Ms Mwenda’s swearing-in has been challenged in court since she was sworn in at a time when the governor was impeached and a by-election to elect a new governor was underway.
She has been stopped from taking oath as the substantive governor, following a case filed by the Law Society of Kenya (LSK).
The High Court has also stopped the by-election as announced by IEBC, pending the determination of several cases.