This archive report was first published on 6 December 2019.
On Friday, Nairobi Governor Mike Sonko was arrested, leaving a critical void in his office as he has no deputy. This situation has been ongoing since January 2018, when Polycarp Igathe resigned as deputy governor, citing his inability to earn the trust of Governor Sonko.
Since then, there have been two failed attempts to fill the deputy governor position. In 2018, Governor Sonko nominated Miguna Miguna, who was facing deportation at the time, but Speaker Elachi rejected him due to his non-affiliation with the Jubilee party. Later, Sonko reneged on a promise to announce a new nominee, allowing for consultations.
As per Article 182 of the Constitution, Sub-article 4, if a vacancy occurs in the office of county governor and deputy, the Speaker of the county Assembly takes over. In this case, Speaker Beatrice Elachi, who was ousted from office on September 6, 2018, but later reinstated, is now the next in command.
However, it's worth noting that Sub-article 5 of Article 182 provides for an election to be held within 60 days after the Speaker assumes office. But in Sonko's case, the Speaker's ascension will be due to the governor's inability to act, caused by a court process.
Speaker Elachi's situation is complex, as she was impeached by a majority of Nairobi MCAs and later reinstated by the court. It remains to be seen whether she will take on the role of Acting Governor, given the circumstances.
