This archive report was first published on 11 December 2019.
On December 11, 2019, Nairobi County Speaker Beatrice Elachi was poised to take over as Governor at City Hall following the expected arrest and graft case of Mike Sonko.
Anti-Corruption Chief Magistrate Douglas Ogoti granted Sonko Sh15 million cash bail or Sh30 million bond, but barred him from accessing his office, saying the county boss could be escorted to pick his belongings from City Hall.
This move could trigger a by-election in Nairobi as the Speaker can only act for a period of 60 days.
Director of Public Prosecutions Noordin Haji had previously indicated that he would seek to have the governor barred from accessing his office, a move that had already been successful in the cases of Governors Ferdinard Waititu (Kiambu) and Moses Lenolkulal (Samburu).
Waititu's deputy governor, James Nyoro, had taken over in Kiambu, causing a political nightmare for the governor and his government.
Sonko had failed to appoint a deputy governor since Polycarp Igathe resigned on January 12, 2018, citing difficulties in earning the trust of his boss.
According to Article 182 (4) of the Constitution, if a vacancy occurs in the office of county governor and that of deputy county governor, or if the deputy county governor is unable to act, the speaker of the county assembly shall act as county governor.
Article 182 (5) states that if a vacancy occurs in the circumstances contemplated by clause (4), an election to the office of county governor shall be held within sixty days after the speaker assumes the office of county governor.
