• An Assumption of Office Committee should be formed and gazetted for Kananu now to assume the governor’s office.
• Kananu says her first duty will be to nominate a deputy governor once she assumes the governor's office.
Image: EZEKIEL AMINGA
The formation of an Assumption of Office Committee is what remains to make Anne Mwenda Kananu Nairobi's first female governor.
On Monday, Nairobi county assembly Speaker Benson Mutura relinquished his powers as acting governor, paving the way for Deputy Governor Kananu to assume the position.
Mutura said his stay as acting governor, which lasted 28 days, was temporary as at the time of assumption of office on December 21, 2020 Nairobi lacked a substantive deputy governor.
“I now therefore relinquish my acting as the governor of Nairobi and resume my duties as the Speaker of Nairobi county assembly to allow Ann Kananu to proceed and assume the position of governor in a substantive manner,” he added.
Kananu was vetted and sworn in as deputy governor last Friday.
Image: EZEKIEL AMINGA
Speaker Mutura has been acting Nairobi governor following Mike Sonko’s impeachment on December 17, 2020.
However, Kananu cannot assume the office of the governor until the Assumption of Office Committee is gazetted.
The committee chaired by the county secretary is highlighted in the Office of Governor Act, 2019. Other members are chief officers for Finance, Culture and Social Services and County Public Service, clerk of the county assembly, a representative of the NIS at county level, representative from NPS at county level, county commissioner and a representative from the Judiciary at the county level.
Image: EZEKIEL AMINGA
On Monday, Kananu said she brings in a new style of leadership where respect and partnership are key.
“I’m not a politician and I will not start being one. I’m focused on bringing in a new spirit of collaboration, partnership and mutual respect to all levels of government,” she said.
The former chief officer for Disaster Management noted that once she assumes her position as the governor her first task will be to nominate a deputy within 14 days as required by law.
Kananu said her principal partner was NMS director-general Mohammed Badi with whom she will strive to improve service delivery in the city.
The deputy governor said she will focus on building achievements as seen in the last few months courtesy of NMS.
“Nairobi is now back on course and will remain on course. I will lead from the front in heeding the call of President Uhuru Kenyatta on radically improving provision of services in the city,” she said.
Promising the assembly’s support to Kananu, Speaker Mutura urged the deputy governor to settle and immediately embark on working for Nairobi residents.
“Being contented with the few realignments I had effected in the County Public Service Board, I assure that the assembly will work closely with her office and the Nairobi Metropolitan Service,” he said.
Kananu said the executive, in partnership with the county assembly will embark on a public engagement on the status of service delivery in Nairobi.
She urged city residents to actively participate as responsible citizens in providing the necessary feedback to the county government within the earliest time possible.
“To act upon the needs of the people of Nairobi, it is critical to get the views and continue with the success seen over the past few months is replicated over the city,” Kananu added.
Lawyer Danstan Omari said the way forward for the deputy governor is not based on law but political.
He said all the court cases surrounding the Nairobi issue are not a coincidence, noting that the cases will be battled in court as Kananu is sworn in as governor of Nairobi.
“You cannot remove a governor through a court process. If Kananu is sworn in, a governor can only exit from office through the procedures laid out in the Constitution but not through court procedures so the many cases will be muted. Remember what happened to Waititu?” he posed.
On January 31, 2020 Deputy Governor James Nyoro was sworn in as Kiambu’s governor after Ferdinand Waititu was impeached and his efforts to block the swearing in dealt a blow after the High Court declined to grant him his prayers.
"The act of a judge swearing in a governor is deemed to be a judicial function. This court will be overstepping its mandate by ordering the judge not to proceed with the swearing in. In the circumstances, the order cannot be issued," Justice Weldon Korir ruled.
Omari said the people behind Kananu have proper legal advisors who know how the court operates, creating very minimal chances of them losing the battles.
Political analyst Evans Monari argued that currently there is no law barring Kananu from becoming the governor.
In his opinion, the county assembly did its mandate and followed the procedure by law leading to Kananu being sworn in.
“By law the assembly found her suitable by vetting and approving her. The next logical thing was to swear her in and there are no timelines in the Constitution indicating when this should happen. What is there to block her to occupy the governor’s office?
“I’m giving legal technical interpretation of the events. Everyone has their own interpretation and feelings of the law, but which law has been breached?” Monari asked.