As the race to find Former Nairobi Governor Mike Sonko’s successor intensify’s, queries have been raised regarding the resignation of Polycarp Igathe as the Deputy Governor back in 2018.
The Independent Electoral and Boundaries Commission (IEBC) said it had no obligation to gazette the exit of former Nairobi Deputy Governor Polycarp Igathe.
On January 12, 2018, Igathe announced his surprising resignation via Twitter on grounds that he failed to earn the trust of Sonko to enable him to work at the County.
“Dear Nairobians, it is with a heavy heart that I resign my seat as elected Deputy Governor of Nairobi City County effective 1 pm on 31st Jan 2018...I regret I have failed to earn the trust of the Governor to enable me to drive Admin & Management of the county. Without fear, favour or ill will I step down to avoid abusing or betraying my oath of office to Kenyans, Nairobians and my family. Thank you for the encouraging support given to me so far,” he said.
Igathe tendered his resignation in a letter that was addressed to Sonko and copied to former County Assembly Speaker Beatrice Elachi who confirmed to have received the letter the following day.
Since then the county has never had a Deputy Governor and the former county boss enjoyed his reign, running county affairs as a one-man show.
In December 2019, Sonko was barred from office after being charged with misappropriation of Sh357 million.
In a letter dated December 18, 2020, Elachi and the clerk had written to IEBC through Lawyer John Diro seeking advice on governance following Sonko’s arrest.
IEBC while responding to the letter said it had never received a formal communication regarding Igathe's resignation.
"On the vacancy in the office of the Deputy Governor, Nairobi County, the commission has not received any formal communication as to the alleged vacancy other than the information in the media,” reads the letter from IEBC.
The letter was dated January 9, 2020, and signed by IEBC director of legal and public affairs Michael Goa, who responded on behalf of Acting IEBC Chief Executive Officer Marjan Hussein.
However, a day later IEBC Chairman Wafula Chebukati in a letter clarified that if Igathe exited for whatever reason, the commission had no obligation to gazette his exit.
"The commission has no legal obligation to gazette the resignation of an outgoing holder of elective office, but rather it has an obligation to gazette a new holder of an elective office,” he said.
The Chairman said Igathe's exit became apparent on January 22, 2020, after former Nairobi Governor Sonko communicated to them on naming a nominee.
Chebukati highlighted that he received a letter from Sonko nominating a deputy governor indicating there was a vacancy, in compliance with Article 180 (5) of the Constitution 2010.
