This archive report was first published on 7 December 2019.
Published on December 7, 2019, Nairobi Governor Mike Sonko's possible charging over graft raises constitutional questions, particularly if he is barred from office, leaving the city without a governor.
With no deputy governor to step in, the situation presents a unique challenge for Nairobians, as the city's operations could be crippled if the governor is unable to assent to bills.
According to Article 183(4) of the Constitution, County Assembly Speaker Beatrice Elachi would only act as governor if there was a 'vacancy' in the office of the governor.
However, lawyer and devolution expert Mutakha Kangu and lawyer Peter Wanyama contend that stepping aside would not create a vacancy in the governor's office.
Deputy Senate Speaker Kithure Kindiki shares this interpretation, arguing that a governor does not cease to hold office by simply being barred from accessing his office.
Dr. Kangu suggests that the situation could become exceptionally ripe for the suspension of the county executive under Article 192 if the governor is barred from carrying out his official functions and there is no deputy to take charge.
“When the Constitution says you must have a deputy governor, Governor Sonko took it for granted and he thought he was going to be clever for everybody. My take on this is that he has created a situation that is exceptional. I wouldn’t be hesitant to recommend to the President to utilise Article 192 and suspend the executive arm of the county government in Nairobi,” said Dr. Kangu.
