• Sonko says there is no law that compels him to nominate a deputy.
• He says Supreme Court advisory on naming one in 14 days is not binding.
Image: FILE
Nairobi Governor Mike Sonko on Wednesday stonewalled calls for him to name a deputy and declared it "a non-issue".
In a noisy session, Sonko said no law or Supreme Court advisory compels him to name a deputy and he will refuse to do so until enabling legislation is in effect.
Appearing before the Senate Devolution committee, Sonko said he will only nominate a deputy after Parliament passes the County Government (Amendment Bill) 2017 and the President signs it.
“I will not nominate a name until the legislation is approved by the Senate and the National Assembly,” he told the senators.
Sonko was invited to explain why he has not appointed a deputy in 15 months.
Deputy Governor Polycarp Igathe resigned on January 31, 2018, saying he did not have Sonko's trust.
The governor also accused Nairobi Senator Johnson Sakaja of petitioning the Senate instead of engaging him to address the matter.
"The senator should have summoned me to ask me these issued instead of petitioning the Senate. So this is a non-issue. So this is a non-issue," he said.
No law compels or provides a procedure for the replacement of a deputy by a governor should a vacancy arise.
In March last year, the Supreme Court issued an advisory opinion. It recommended governors without deputies to nominate one within 14 days of a vacancy.
The court said the name should be forwarded to the county assembly within 60 days.
The Senate panel invited Sonko following Senator Sakaja's petition asking why Sonko failed to comply with the Supreme Court advisory.
Sakaja also wanted to know why Sonko has been running the county government with only half a Cabinet.
Sonko said the apex court’s advisory was not binding. He said he complied with the advisory when he nominated the deported controversial lawyer Miguna Miguna in May last year.
Miguna’s name was rejected by the county assembly and the self-proclaimed NRM general said he doesn't want the job.
He said only the bill sponsored by Senate Majority leader Kipchumba Murkomen will require him to name a deputy.
The Senate has already approved it and forwarded it to the National Assembly for concurrence.
The governor said his efforts to nominate a deputy have been delayed by petitions by Opposition chiefs Raila Odinga and Kalonzo Musyoka asking him to considered their preferred candidates in the spirit of the handshake.
On running the county government with only five executives, Sonko said he has already reconstituted his Cabinet and is now has a full house.
He said he has been suspending and sacking county officers because of their insubordination and involvement in financial irregularities. He pledged to sack more officers implicated.
(Edited by R.Wamochie)