Thirdway Alliance party is seeking to stop the vetting of Anne Kananu for the Nairobi County Deputy Governor position.
In a petition dated January 11, the party said Kananu's vetting is a back door move to prevent city residents from voting in a leader of their choice.
"...That the move to proceed with the vetting of the 2nd Respondent (Kananu) as the nominee as the Deputy governor is aimed at ensuring that the by-elections scheduled for February 18 do not take place so that the second Respondent is subsequently and through the backdoor sworn in to take up the role of the Governor of Nairobi County," the party said in the petition seen by the Star.
According to the party, which has nominated lawyer Miguna Miguna as its preferred candidate for the gubernatorial race, such a move to stop a by-election is illegal and unconstitutional hence a blatant violation of the right to vote as stipulated in the Kenyan Constitution.
"The Petition challenges the unconstitutionality of the impugned vetting process and subsequent swearing in of the 2nd Respondent as the deputy Governor/governor of Nairobi County," the party said.
In its petition, the party has accused the Nairobi County Assembly of having ulterior motives through allegedly intending to block a democratic process.
Impeached Governor Mike Sonko had nominated Kananu as his deputy last year.
According to Thirdway Alliance Kenya, the move was motivated by the complexity of the situation in Nairobi and was meant to ensure continuity after he was barred from office.
Sonko who is also now seeking to stop Kananu's vetting has to wait until Thursday 2pm for the judge hearing.
Justuce Anthony Mrima on Tuesday declined to issue the orders sought in Sonko's application and directed parties to highlight their submissions in the case on February 4.
