This archive report was first published on 11 December 2019.
On December 11, 2019, Nairobi County Governor Mike Sonko found himself at the center of a constitutional quagmire after he was barred from accessing office pending the hearing and determination of a graft case against him.
The case, which involves 19 corruption-related charges over irregular procurement and payment of over Ksh.357 million, has left the county in a leadership crisis.
With Sonko operating without a deputy governor since January 2018, the county assembly has since adjourned pending an advisory from the Office of the Attorney General.
Nairobi County Assembly Speaker Beatrice Elachi has announced that the Members of County Assembly will write to the Attorney General seeking an advisory on the way forward.
As the leadership crisis deepens, legal pundits are left cracking their heads on provisions of Article 182 on the vacancy in the governor's office and Article 192, which gives the president power to suspend operations of a county government in exceptional circumstances.
President Uhuru Kenyatta may also step in, should the leadership crisis in Nairobi persist, under Article 192.
However, the suspension can only be effected if a commission of inquiry confirms there were justifiable reasons for the suspension, and county functions must not be affected.
The senate can terminate the suspension at any time, with the law requiring a gubernatorial election be held within 90 days of the suspension.
