Dec, 21st 2020 – Nairobi county assembly speaker Benson Mutura is said to assume office of the governor in an acting capacity. He will take over for 60 days before a by-election is conducted following the impeachment of governor Mike Mbuvi Sonko. 88 out of 122 MCA’S voted in favor of the motion seeking to oust the governor from office.
Mutura was sworn in by Judge Jairus Ngaah at City Hall in Nairobi. He said that his first order of business would be to bring back the delivery of crucial services that have been stopped due to lack of funds due to failure of former Governor Sonko to assent to the Finance bill.
According to the law, oath of a governor shall be administered between 10.00 am and 2.00 pm. Mutura was to be sworn in last week but the event was postponed after the presiding judge failed to show up on time.
Senate Speaker Kenneth Lusaka gazetted Sonko’s impeachment in less than an hour of his arrival. The gazette notice signed by the speaker read, “On Thursday, December 17, 2020, the Senate resolved to remove Hon. Mike Mbuvi Sonko, the Governor of Nairobi City County, from office, by impeachment.”
According to article 182 of the constitution of Kenya clause (4)says that if a vacancy occurs in the office of a county governor and that of his deputy, or that the deputy is unable to act, the speaker of the county assembly shall act as the county governor.
It states, “If a vacancy occurs in the circumstances contemplated by clause (4), an election to the office of county governor shall be held within sixty days after the speaker assumes the office of the county governor.”
“A person who assumes the office of county governor under this Article shall, unless otherwise removed from office under this Constitution, hold office until the newly elected county governor assumes office following the next election held under Article 180 (1).”
Since the Nairobi County does not have a deputy governor, the speaker will serve for the next two months as the independent Electoral and Boundaries Commission sets a date for a by-election.
A new governor will then be elected after the 60 days, serving for the remainder of the term ending in 2022.