This archive report was first published on 7 December 2019.
Published on December 7, 2019, Nairobi Governor Mike Sonko's arrest and possible prosecution has left the city in a peculiar position, with the county boss sitting alone at City Hall after failing to nominate a deputy governor following the resignation of Polycarp Igathe months after election.
According to Kenya Law Reforms Commission Chief Executive Officer Joash Dache, there are three scenarios to be explored to address the Nairobi situation based on the court's directive regarding the governor's case.
“Scenario one, the governor is still allowed by law to nominate his deputy and forward to the County Assembly for consideration and approval,” Mr Dache explained.
However, if this option does not work, the Speaker can assume office, but only on a temporary basis for sixty days before an election is held, as per the Supreme Court advisory opinion.
“The principle of necessity envisages such. However, if these don’t work, Nairobi being the country’s headquarters, the National Government has an interest and therefore the Devolution Cabinet Secretary Eugene Wamalwa, through Executive Order No 1 of 2018 can designate someone to act,” Mr Dache stated.
Director Public Prosecutions Noordin Haji has ordered the prosecution of Sonko for the crimes of conflict of interest arising from having received monies from the County of Nairobi whilst serving as Governor, unlawful acquisition of public property, money laundering and other economic crimes.
However, going by the precedence set by High Court Judge, Justice Mumbi Ngugi barring charged governors from accessing their officers terming them “scene of crime”, Nairobi county could be in for a long haul.
Deputy Speaker Prof Kithure Kindiki (Tharaka/Nithi) and Minority Whip Mutula Kilonzo Jnr (Makueni) both concurred the situation in Nairobi is unique and might pose legal challenges.
