• It is not clear in law whether Kananu’s vetting for the position can proceed as her appointee, impeached Governor Mike Sonko, is no longer in office.
• The nomination process ends with the formal appointment by the appointive authority, in this case Sonko.
Image: GPS
An anti-corruption court has allowed Nairobi voter Peter Agoro to withdraw a case that halted the vetting of deputy governor nominee Ann Kananu.
It is not clear in law whether Kananu’s vetting for the position can proceed as her appointee, impeached Governor Mike Sonko, is no longer in office.
The nomination process ends with the formal appointment by appointive authority, in this case Sonko.
But if Kananu is cleared by the assembly, she could effectively take over the remainder of Sonko’s term. Speaker Benson Mutura is holding the office in acting capacity for 60 days.
The office of the deputy governor fell vacant on January 12, 2018 when Polycarp Igathe resigned.
After a year working without a deputy, Sonko nominated Kananu – the chief officer in charge of Disaster Management and Coordination – for the role. He had just been charged in a Sh357 million graft case.
In his suit, Agoro argued that Kananu’s nomination breached orders issued by the anti-corruption court barring Sonko from his office pending the graft case. Agoro received orders stopping the vetting in the assembly.
On Monday, Agoro filed a notice with the court declaring his intentions to withdraw the case.
Justice Hedwig Ong’udi formally withdrew the petition on Thursday.
Ong’udi said Agoro filed the petition as an individual and showed nowhere in his pleadings that he had been representing other persons.
She also dismissed claims that Agoro was under pressure to withdraw the case as without basis and evidence.
The judge said Paul Musyimi, who had asked to be enjoined in the matter as a co-petitioner, had not done so since January last year.
Ong’udi said that Agoro cannot be forced to go on with the case since he has no interest in pursuing it any further.
Meanwhile, there seems to be no clear position on the resignation of Igathe as it was not communicated to the Independent Electoral and Boundaries Commission as required by law. It was also not gazetted.
Consequently, Nairobi voter Patrick Kiiru has since filed a case in court seeking an interpretation of the matter.
In his petition, Kiiru says Igathe ought to have assumed office after Sonko was impeached by the assembly.
Nairobi assembly’s Majority Chief Whip Paul Kaguathi has also filed an affidavit saying IEBC communicated in January last year that it was unaware of a vacancy in the office of the deputy governor.
Article 182 of the Constitution provides that a resignation by the governor or his deputy should be communicated in writing to the speaker of the count assembly.
The court was also notified of a cross-petition filed by Sonko’s lawyers.
In the cross-petition, Sonko sought to have the court stop the assembly from vetting or approving Kananu as deputy governor.
Also sought was an order prohibiting Benson Mutura from holding himself as the substantive governor of Nairobi.
Ong’udi said she cannot deal with a matter that has yet to be placed before her.
She directed parties in the case to file an appeal if they are dissatisfied with her ruling withdrawing the main petition.
(edited by o. owino)