Jan, 28th 2021 – Former Nairobi Deputy Governor Polycarp Igathe has joined the ongoing dispute over the city’s gubernatorial seat, by asking the high court to determine whether his resignation three years ago was formalized.
Igathe states that, though he handed his resignation letter on the 12th of January 2018, he is not aware whether the legal steps to formalize his resignation was formalized. Kiiru also added that the speaker of the County Assembly was not aware of Igathe’s resignation as required by the law.
In an affidavit, he said, “That the legal effect of the failure to formalize or recognize my resignation and the failure by the Nairobi County or any public institution to conduct any legal formalities to conclude my resignation is a matter to be determined by this honorable court in my humble view.”
Lawyer Peter Kiiru argues that IEBC has no right to call for a by-election to fill the position as Mr. Igathe’s resignation was never formalized. The high court has to this far stopped the by-election as announced by the IEBC pending the determination of several cases.
The Court also stopped Governor Anne Kananu Mwendwa from being sworn in as the Governor. This is due to the pending case filed by the Law Society of Kenya (LSK). LSK argued that the move to vet and swear her will undermine the right of the people of Nairobi to elect a Governor and Deputy of their choice.
The seat fell vacant after Sonko was impeached by the County Assembly and thereafter County Speaker Benson Mutura made the acting Governor