This archive report was first published on 18 December 2019.
Nairobi Governor Mike Sonko has filed a certificate of urgency in court, seeking to review his bail terms.
He argues that the orders to have him escorted to the Office of the Nairobi City County Governor and remove his personal items are unlawful.
According to Sonko, barring him from office amounts to an order directing him to vacate the elected post of Nairobi City County Governor.
He claims that no vacancy has Constitutionally arisen in the elected post to warrant the Speaker to assume his office.
Article 182 of the Constitution states that if a vacancy occurs in the office of county governor and that of the deputy, or if the deputy county governor is unable to act, the Speaker of the county Assembly shall take up the role.
However, in Sonko's case, the Speaker's ascension will not be out of vacancy but inability to act caused by a court process.
He also argues that he was in the process of appointing a Deputy Governor at the time the order was made, and that Sub-article 5 of Article 182 of the Constitution provides that in the event of the vacancy of a governor and deputy, an election shall be held within 60 days after the Speaker assumes office.
It has been over a year since Sonko's Deputy Governor, Polycarp Igathe, resigned in January 2018.
Since then, Sonko has reneged on a promise to announce a nominee to allow for consultations.
