Nairobi Speaker Beatrice Elachi has said Miguna Miguna will not be vetted as a Deputy Governor candidate until the government clarifies his citizenship status.
The firebrand lawyer was deported to Canada following a crackdown on those involved in Opposition leader Raila Odinga's January 30 oath ceremony.
In an interview with Royal Media's Hot96 FM on Thursday, Elachi said Miguna's nomination is political but that he must be subjected to the normal vetting process at the county assembly.
The Speaker said the controversial city lawyer should not "hurry to jump on a plane back to Nairobi" following the nomination.
"He should let the authorities give a clear position on his citizenship," she said.
His nomination has to be endorsed by a simple majority, which is 90 votes and above for the case of Nairobi county which has 127 MCAs.
"As for now, we know Miguna is Canadian. So, he should not hurry to jump on the plane," the speaker said.
Elachi said the process is likely to take between 3-4 months, meaning Nairobi will have to wait until September.
"The governor has done what the law allows him. We shall follow the law as we are the ones who make the laws," she said.
Lawyer Cliff Ombeta, who is the part of the legal team fighting for Miguna's return, presented the letter to the speaker on Thursday.
The speaker said Miguna's nomination can be attributed to the fruits of the historic handshake between President Uhuru Kenyatta and ODM leader Raila Odinga.
"All we read in this move is the fruits of handshake. But as I said, we shall follow due process in all that we do," she said.
Kiminini MP Chris Wamalwa, while on Citizen TV, said Elachi has no powers to determine whether Miguna should be vetted or not.
The legislator said the county speaker only serves as a conveyor belt "whose work is to relay the message to the floor of the House once she receives the governor's letter."
"The Committee on Appointments is the one mandated to invite Miguna for vetting. It is there that questions on his citizenship can be raised," Wamalwa said.
Wamalwa said whatever differences Miguna had with Sonko during the campaigns should not be used to deny him the opportunity to serve.
"Sonko and Miguna are two good mergers. Sonko needs a neutral deputy who will help him fight cartels that are crippling service delivery to Nairobians," the MP said.
His South Mugirango counterpart Sylvanus Osoro said by Sonko nomination of Miguna could be a message to the Executive "for continuous attack on him".
"We have seen exchange of words between the governor and the Executive. This move is to show them that he is the boss of the city," Osoro said.