Sonko sues Government Press over Kahiga reinstatement

City Hall woes are headed for court over the Finance CEC office holder.

Nairobi Governor Mike Sonko is seeking to quash a directive that reinstated Pauline Kahiga as the CEC for Finance.

City Hall’s lawyer Harrison Kinyanjui filed a suit at Milimanii Court on Tuesday against the Government Press CEO and Attorney General.

He wants a letter that was written last Thursday by Government Press CEO Mwenda Njoka to be quashed and furthermore he be compelled to revoke the contents in the letter.

“Leave be granted to operate as stay of any effecting implementation of the said letter,” Kinyanjui said.

Through the Government Printer, Njoka had rejected a purported Gazette notice, that had degazetted the appointment of Pauline Kahiga as the County Executive for Finance as of December 5, 2019, terming it illegal.

Njoka said the purported notice was not in accordance with law; Article 179 of the Constitution and other applicable laws.

He further said in section 35 of the County Government Act and Article 179 of the Constitution, the duty to appoint solely rests with the governor.

"The purpose of this letter, therefore, is to inform you and all relevant authorities that we have done appropriate corrigenda in the Kenya Gazette, reverting to the status quo prior to notice number 172 of December 13, 2019," Njoka said.

As highlighted in the suit, City Hall has accused Njoka of acting in a subjective manner of imposing himself powers which he does not hold.

Lawyer Kinyanjui said that by Njoka declaring the notice illegal, he challenged the Governor’s power to reorganise his already appointed CECs.

He also claimed that operations at City Hall involving payment of creditors and other financial affairs risk coming to a standstill if the current CEC for Trade Allan Igambi is not recognised as the CEC for Finance.

Furthermore, Kinyanjui claimed that action by the Government printer was unlawful, contrary to the County Government Act and an abuse of power.

“Mr. Njoka acted under the direction and hand of an external force to abuse his office since there was no objection from him of the original documents tendered before the publication of a gazette notice,” said Kinyanjui.

In addition, lawyer Kinyanjui wants the court to bar the Government press from interfering and effecting any functions of the county government and in specific the County Executive for Finance.

The finance office is the heart of the county’s operation and has been on the spot for numerous reshuffles and also a battlefield.

In its latest events, a section of ward reps had stormed the office ready to forcefully evict Pauline Kahiga from office.

In defence of their action, the MCAs had said Kahiga was illegally in office as the governor had degazetted her and placed Allan Igambi as the acting CEC for Finance.

However, after the notice from the Government press, Kahiga was ready to continue with her role as the CEC for Finance but on Monday a notice had been placed at the door reading 'No access'.