An anti corruption court has formally withdrawn a petition filed by a Nairobi voter - Peter Agoro -challenging the nomination of Anne Kananu as Nairobi's Deputy Governor.
Impeached Governor Mike Sonko represented by lawyer Harrison Kinyanjui had opposed the withdrawal of the case and subsequently filed a cross-petition.
But Justice Hedwig Ongundi on Thursday said the alleged petition has not been paid for and it is not before her so she cannot make any directions.
Kinyanjui said Sonko is entitled to access justice.
He called for a stay of the court's decision withdrawing petition.
However, Ong'undi declined to suspend her ruling.
She said any party that is dissatisfied with her ruling should proceed to the appellate court.
She insisted that her reason for withdrawal is that no public interest will be suffered as Agoro did not mention anywhere in his papers that he has been representing other persons.
She also dismissed claims of Agoro being under pressure to withdraw the case.
No material was placed before court to prove the same.
She said Agoro cannot be forced to go on with a petition he no longer wishes to pursue.
So she subsequently withdrew it.
The likelihood of a by-election taking place seems to be fading and Nairobians might just be spared a gruelling political duel.
The February 18 by-election was suspended by the High Court on Monday—the first major hurdle—until a petition filed by Sonko is determined.
With the withdrawal of the petition, Kananu could be hastily vetted by the county assembly and sworn in as the deputy governor.
She would then take over as the first woman governor of Nairobi.
Kananu, a criminology graduate, served as Disaster Management chief officer in Sonko's administration.
Sources told the Star that influential individuals in the establishment have drawn an elaborate plan to have Kananu take over and avert a divisive by-election.
Some city MCAs have confirmed that they were on standby to vet Kananu and pave her path to power.
“Unless the court decides otherwise, the committee will go ahead and vet her, proceed to report writing and present it to the assembly for the house to either reject or accept her as the deputy governor,” said a second-term MCA and a member of the county assembly Appointment committee.
The committee is chaired by the speaker, with the Majority leader as the vice-chairperson.
On Monday, petitioner Peter Odhiambo Agoro filed a notice to withdraw the case challenging the nomination of Kananu. Agoro had secured orders barring her vetting until his case is heard and determined.
He argued that Sonko had violated court orders by making the nomination since at the time, Anti-Corruption Court magistrate Douglas Ogoti had barred the governor from accessing office after he was charged for graft.
