Jan, 21st 2021 – Nairobi residents are likely to stay longer without a substantial governor, following a third-order by the high court barring the electoral commission from conducting the planned by-election.
The court has further paused acting governors Ann Kananu’s desire to take the oath of office as Nairobi boss after Mike Sonko was impeached. Okiya Omtata had moved to court earlier in the year to suspend the elections.
The by-election that was scheduled for 18th February, according to the gazette notice, will have to wait until the court discharges orders for which the 60-day timeline will begin.
According to lawyer Danstan Omari, going forward with Kananu is not based on legal affairs but political affairs. He said, “What we have seen since Sonko was impeached was a lot of cases in court but they are there not by coincidence.”
He claimed that those with Kananu have proper legal advisors who are familiar with court operations and are confident of winning the battles. He argued, “The moment Kananu will be sworn in as Governor, she will go ahead and nominate a Deputy Governor who will then proceed to be vetted and sworn in. The complete Governorship will have been in place legally.”
In an interview, LSK Chairperson Nelson Havi said that the political forces behind the Nairobi politics are attempting a coup in the constitution.
He said, “The President and the former Prime Minister are angling to second somebody to deputise Anne Kananu as and when she is unlawfully installed as governor this is an attempted coup in the constitution.”
However, ODM Party Secretary-General Edwin Sifuna disagreed with Hvi saying that Kananu was appointed by an elected governor. He added, “The problem, I have with Sonko is that he never took his work seriously. All the time he was sending these letters to the assembly he was doing it as a joke not thinking of the consequences they had.”
He also argued that the courts blocked Kananu from being vetted last year which led to the County Assembly Speaker act as governor after Sonko was impeached.