CAPITAL BOSS

Kananu could become Madam Governor today

If Kananu is sworn in today, her biggest task will be to nominate her deputy within 14 days.

In Summary

• From April 2018, Kananu had served as the Disaster Management chief officer for three years, where she maintained a low profile

•Following Sonko’s impeachment, Kananu as the only nominee for DG was vetted on 15 this year and was approved by the county assembly.

Anne Kananu when she took the oath of offic., 2021.
GOVERNOR TO BE: Anne Kananu when she took the oath of offic., 2021.
Image: EZEKIEL AMING'A

After her nine months in office, an assumption of office committee is being formed so Ann Kananu will become Nairobi' first woman governor.

The swearing-in is likely to take place on Monday, October 25, 2021.

The action follows the Court of Appeal judgment last Friday clearing the way for Kanano to be sworn in as the capital's substantive Governor.

She will  take over despite only nine months remaining before  the general elections.

Lawyer and political analyst Danstan Omari told the Star on Sunday the swearing-in ceremony was likely to take place on Monday.

“Kananu is likely to be sworn in Monday to forestal Sonko moving to any court,” he said

He explained that if the DG is sworn in, then the courts are excluded from dealing with Kananu and the only way she can be removed from the office is through impeachment.

Sonko had moved to the Court of Appeal to convince it to order a status quo — in effect, ensuring that Kananu does not assume office until his appeal is heard and determined.

However, the three-judges ruled the issue of swearing-in Kananu was not among the grounds raised by Sonko in his appeal. 

Justices Jamila Mohammed, Jessie Lesiit and Wanjiru Karanja ruled that Sonko’s application seeking to bar Kananu from being sworn in as the Nairobi Governor did not meet the threshold to be granted the order.

“We find  the issue of the swearing-in of the 11th respondent was not raised in the High Court and the impugned judgment did not address or determine that issue,” the justices ruled.

For Kananu to assume the Office of the Governor, there has to be the formation and gazettement of the Assumption Of office Committee.

The Assumption of the Office of Governor Act, 2019,  highlights the formation of the committee.

The Committee usually is chaired by the county secretary, which in this case will be Jairus Musumba.

The committee also include the chief officer for finance, the chief officer for culture and social services, chief officer of  county public service and clerk of the county assembly.

A representative of the National Intelligence Service at the county level is part of the committee, as is a representative from the NPS at the county level, the county commissioner and a representative from the county Judiciary.

The swearing-in ceremony must be presided over by a judge from the High Court before 2pm.

Omari added that once Kananu is sworn in and takes oath, this will mean that Sonko is out of the gubernatorial arena until perhaps next year if he decides to vie again.

KANANU' JOURNEY

From April 2018, Kananu had served as the Disaster Management chief officer for three years, where she maintained a low profile

On January 6, 2020, Sonko nominated her to be his deputy.

However, the court blocked the county assembly from vetting her until the case was cleared late last year

Thereafter, Kananu’s journey into power began when her former boss Sonko, on December 3, 2020, was impeached by 88 Nairobi MCAs.

This case was heard by the  Senate on December 17, 2020, when the impeachment was upheld.

Following Sonko’s impeachment, Kananu being the only nominee for the Deputy Governor’s position, was on January 15, 2021, vetted and her name was approved by MCAs.

On the same day at 1.40pm, Judge John Mativo presided over the ceremony in which Kananu took the oath of office to become second in command of Nairobi county. 

Since then, Kananu has been City Hall boss and worked closely with the Nairobi Metropolitan Services to ensure city residents get easy access to services.

If Kananu is sworn in on Monday, her biggest task will be to nominate her deputy within 14 days. 

Jubilee Party secretary general Raphael Tuju said the party is yet to consult and find the best candidate for Kananu's deputy.

"The ruling just happened on Friday and as a party, we are yet to sit and agree on who should be her deputy," he said.

He said the issue will be discussed from Monday onwards.

"We are going to consult widely and see where we can reach," Tuju added.

However, he said the issue will be an item for discussion from Monday,

Last year in June, it was revealed that county bosses would have to nominate a candidate for deputy governor within 14 days in case of a vacancy.

This followed the National Assembly’s approval of the mediated versions of amendments to the County Governments Act, 2017.

Nairobi Governor Mike Sonko at a Milimani law court on December 9, 2019.
IN COURT Nairobi Governor Mike Sonko at a Milimani law court on December 9, 2019.
Image: ENOS TECHE

LAST HOPE

Sonko is still hopeful as he waits for the  Court of Appeal to hear an appeal challenging his impeachment.

The former county boss revealed that the court had dismissed his stay application, but the matter is still in the Appellate Court for hearing and determination.

“Our stay application has been dismissed, it is not the end of everything, there is still the Court of Appeal verdict,” Sonko said.

“Keep calm, that is the ruling, but we will be in the Court of Appeal in November and there is still hope,” Sonko said in his social media accounts .

(Edited by V. Graham)