The High Court has issued temporary orders preventing Nairobi Deputy Governor nominee Paul Mutunga from taking oath.
This is after human rights activist Okiya Omtata filed an application challenging the eligibility of Mutunga to hold the office of the Deputy Governor.
The orders were given on Friday by Judge Hedwig Og’undi.
"To preserve the substratum of this matter temporary orders of prohibition prohibiting Paul Mutunga from taking oath of office as Nairobi City county deputy governor and or assuming or occupying the office of the Nairobi city county deputy Governor pending the inter-parties hearing of this application,” reads the order.
In the case, the respondents listed include Mutunga, Governor Anne Kananu, Nairobi County Assembly, Ethics and Anti Corruption Commission and Attorney General.
The Chief Justice and the Independent Electoral and Boundaries Commission (IEBC) have been listed as interested parties in the matter.
Going further, Judge Og’undi also gave orders restraining Kananu from appointing Mutunga as the DG pending the hearing of the case.
Omtata argued the nomination, vetting and approval of Mutunga is a nullity because it was done without him being cleared first by the Independent Electoral and Boundaries Commission (IEBC).
He also disclosed that as a person facing active criminal charges in the Anti-Corruption and Economic Crimes Division of the High Court, Mutunga is ineligible for an appointment as the DG.
In his certificate of urgency documents filed in court, the activist also sought temporary order of prohibition barring the Chief Registrar of the Judiciary, and the Chief Justice from swearing-in or in any way whatsoever appointing any Judge of the Superior Courts to swear Mutunga into office as Nairobi DG.
The County Assembly has been accused of rushing the vetting process and failed to provide for effective public participation.
The case will be mentioned on December 1 for directions.
