The High Court on Monday stopped the swearing in of Anne Kananu as Nairobi governor following a suit by the Law Society of Kenya.
Judge Anthony Mrima directed that the LSK case be heard next Thursday by a bench to be constituted by acting Chief Justice Philomena Mwilu.
The LSK also sought an order to suspend Kananu's swearing in into the office of deputy governor, which happened last Friday.
Through lawyer Peter Wanyama the LSK said the hurried swearing of Kananu to office is illegal and a brazen attempt to undermine the process of a by-election as required by the Constitution.
The office of Nairobi governor became vacant after previous holder Mike Mbuvi Sonko was impeached. Nairobi assembly speaker Benson Mutura was appointed the acting governor.
Nairobi County has been without a deputy governor since January 11, 2018 when Polycarp Igathe resigned from the position.
After the resignation, former governor Sonko nominated Miguna Miguna for vetting by the county assembly. However, the county assembly rejected the name.
Thereafter, Kananu was nominated to the position of deputy governor but the vetting was not done in good time.
And on December 18, 2020 the governor’s office became vacant after Sonko was impeached.
Subsequently, Speaker Mutura was sworn in on December 21, 2020 as acting governor for a period of 60 days pending the election of a governor and deputy governor.
But last Friday, Kananu was sworn in as deputy governor after approval by the county assembly.
LSK says that the swearing in is unconstitutional because at the time when the office of governor became vacant, there was no deputy governor to assume office for the remainder of the term as required by the Constitution.
"The state by its action appears to be suggesting that the earlier nomination of Kananu before the vacancy occurred creates legal rights that can be revived and completed even after a vacancy has occurred in the office of governor," the court heard.
However, the LSK holds that the uncompleted process of vetting of Kananu cannot be revived because it will create legal absurdities.
“In addition, these consequential acts will deeply undermine the constitutional objectives of a by- election that article 182 (5) of the constitution of Kenya curves out,” LSK says.
