• Kananu in her application claimed that Ngugi made an error in issuing the interim orders on a mention date.
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The High Court on Wednesday declined to set aside orders barring the county assembly from vetting Nairobi Governor Mike Sonko’s nominee for Deputy Governor Ann Kananu Mwenda.
Justice Mumbi Ngugi dismissed the application, saying she is not satisfied there is a basis for review of the orders she issue don February 17.
On February 17, the court issued orders restricting the assembly from vetting Mwenda until an application filed by one Peter Odhiambo Agoro is heard and determined. Aggrieved with the orders, Kananu filed a review seeking to have those orders reversed.
Kananu in her application claimed that Ngugi made an error in issuing the interim orders on a mention date. She also argued that there is a timeline within which to appoint a DG and that the orders of the court are in breach of the doctrine of separation of powers.
But the judge ruled out Kananu’s arguments and said the court is entitled to issue such orders even on a mention date.
“This is so because the orders being sought are intended to preserve a certain state of affairs and failure to preserve that state of affairs would result in injustice and render the entire proceedings an academic exercise,” she said.
She added that the orders of February 17 were issued as an interim measure to preserve the substratum of the petition and that all the parties were heard before the orders were issued.