This archive report was first published on 20 December 2019.
December 20, 2019
Nairobi Governor Mike Sonko's leadership crisis has taken a new turn after the Court of Appeal upheld a ruling that elected officials facing corruption charges cannot access their offices.
The ruling, made by Justice Mumbi Ngugi on July 24, 2019, stated that elected executives cannot continue to attend to office functions while facing corruption-related charges.
Sonko, who is facing economic crimes charges, has been seeking refuge at the Court of Appeal alongside governors Ferdinand Waititu (Kiambu) and Moses Lenolkulal (Samburu).
However, the Court of Appeal's decision has cast a spotlight on Nairobi's leadership crisis, with Sonko yet to name a Deputy Governor despite calls from county leaders and national politicians.
County leaders and national politicians had urged Sonko to pick a Deputy Governor soon after Polycarp Igathe resigned in January 2018, but he has been playing a cat and mouse game, citing the Constitution's silence on steps to take when a Deputy Governor resigns.
Law experts have pointed out that the Supreme Court's advisory opinion on March 8, 2018, gave Sonko two weeks to nominate a Deputy Governor and forward the name to the county assembly for approval, or otherwise within 60 days.
Despite this, Sonko failed to nominate a Deputy Governor, leaving the position vacant.
Meanwhile, Kiambu Governor Ferdinand Waititu is facing a similar crisis, with the High Court declining to review his bail terms in the Sh588 million corruption case against him.
Justice Ngenye Macharia refused to reduce the Sh15 million cash bail and orders barring him from office, stating that allowing the accused back into office would be a 'mockery to the constitution.'
