• Cases challenging Kananu as acting Governor of Nairobi and challenging Mike Sonko's impeachment failed to get underway because all paperwork not filed.
• Katiba Institute, Sonko, Omtatah and others objected to adjournment, calling it a delaying tactic to let Kananu serve out the rest of the term without an election.
Cases challenging the vetting, appointment, swearing-in and assumption of office of Ann Kananu as Nairobi governor and the impeachment of Mike Sonko will proceed on May 18.
The consolidated cases were to proceed on Wednesday for hearing but the court was forced to adjourn as some parties had not complied with earlier orders to file their submissions in good time.
“It's apparent some parties did not file within the agreed timeframe. It will serve the interests of justice to accord parties an opportunity to file their responses and submissions in the case,” Justice Wilfrida Okwany said on Wednesday
The three-judge bench led by Justice Said Chitembwe, Wilfrida Okwany and Weldon Korir said those who have not filed their documents should do so before May 11.
The Katiba Institute had strongly objected to the adjournment, saying the reason why most parties were not ready to proceed is to enable Kananu to serve the full time in office while the matter is in court, avoiding an election.
Katiba was represented by lawyer Dudley Ochiel. Sonko, who had been impeached, was also opposed to the adjournment, urging the court to let the matter proceed as parties had ample time to file the necessary documents but the bench resorted to giving them more time.
The cases involving Kananu and Sonko were all consolidated earlier this year and will be heard together.
In one case, activist Okiya Omtatah claims that under the Constitution, Kananu cannot be deputy governor, and definitely not the governor, since she never assumed office when Nairobi had a governor.
“The Constitution contemplates a holder of the office of a deputy governor, who is in office when the vacancy occurs, and not any other person, to assume office where a governor ceases to hold office. Kananu was not, and is not, the holder of the office of a deputy governor,” he said.
For that reason Omtatah said an election for both the offices of the governor and deputy governor must be held unless the impeachment of Sonko is reversed by the court.
Other parties who have filed cases are the Law Society of Kenya and the Thirdway Alliance, among others.
(Edited by V. Graham)