This archive report was first published on 6 December 2019.
On December 6, 2019, lawyers pointed out that Nairobi Speaker Beatrice Elachi could act as governor if Governor Mike Sonko is arrested and arraigned over corruption.
Without a deputy governor, Nairobi County has found itself in a precarious situation, but law experts say there is no cause for alarm.
According to the Constitution, the office of the governor becomes vacant if the holder dies, resigns, ceases to be eligible, is convicted of a crime punishable by at least twelve months' imprisonment, or is removed from office.
However, in the event of a vacancy in both the governor and deputy governor positions, or if the deputy governor is unable to act, the speaker of the county assembly shall act as county governor, but only for sixty days.
Lawyers cited the High Court ruling that barred Kiambu Governor Ferdinand Waititu and his Samburu counterpart Moses Lenolkulal from accessing their offices after being charged with corruption.
Just like in the case of Waititu and Lenolkulal, Sonko would be barred from discharging his duties, and the Speaker would step in.
Lawyer Duncan Okatch clarified that Sonko has not ceased being governor, therefore, the sixty days acting period for the Speaker does not arise.
"The seat of the governor has not fallen vacant, therefore, we are not in the situation where the law indicates that the Speaker act for 60 days," he said.
