Director of Public Prosecutions Noordin Haji has given the clearest signal that he would not allow Nairobi Governor Mike Sonko to appoint a deputy even as MCA’s plot his ouster.
Haji is set to move to court today to have Samburu Governor Moses Lenolkulal’s bail canceled for allegedly violating the terms of his release by making executive appointments.
Lenolkulal on Friday reshuffled his cabinet and reassigned county top officers.
But Haji argues that the cabinet changes amount to interference with witnesses, contrary to the clear terms of bail barring him access to the Samburu county offices.
“It’s clear from the conduct of the respondent (Lenolkulal) that he has no respect for the rule of law and it does not matter to him what the court directs during the pendency of his case,” the DPP complained.
Sonko and Lenolkulal were given more or less similar bail terms, stemming from a radical ruling by Justice Mumbi Ngungi that barred them from office.
Without a deputy to offer direction and Sonko barred from setting foot at City Hall, the city faces tough choices.
Either Sonko will be forced to voluntarily resign, he will be impeached by MCA’s or President Uhuru Kenyatta will suspend the county.
Some Constitutional lawyers have said Sonko lost his powers as governor when the courts barred him access to his office.
“If he could have picked a deputy before the pronouncement of the court that would have had some weight. With the order barring him from accessing office, he has been suspended from discharging duties of the governor,” said constitutional expert Bobby Mkangi.
Already, a section of of MCAs have resolved to impeach Sonko in a last-ditch effort to save the county government from the suspension.
The MCAs met at City Hall on Saturday and resolved that kicking out the flamboyant governor was the easiest route as he risked drowning with everyone.
If the county is suspended, even MCAs will be forced to face fresh elections.
"We will not pamper the governor like a baby and let Nairobi sink just to make him happy. If impeaching him will pave way for stability in Nairobi let it be so,” minority chief whip Peter Imwatok said.
Embakasi Ward Rep Michael Ogada said he will proceed and personally collect the signatures beginning today for the governor’s removal.
“There are only two options, it’s either we send Sonko home or the county gets suspended, which means fresh elections. We cannot go home because of someone else's sins that is why we have no solution but to impeach," he said.
The Jubilee side has adopted a wait-and-see strategy, hoping for direction from the party.
The looming impeachment puts Speaker Beatrice Elachi in an awkward position as she could be forced to preside over the skinning of Sonko, his new political ally.
Sonko was among the forces that helped Elachi to return to City Hall despite resistance from a section of MCA’s led by then Majority Leader Abdi Guyo.
