Nairobi County Assembly Speaker Beatrice Elachi has now moved to court seeking to be allowed to assume gubernatorial roles after Governor Mike Sonko was barred from accessing his office in a corruption case.
Speaker Elachi moved to the Supreme Court on Thursday seeking a constitutional interpretation on whether, in law, she can be allowed to assume the duties of the governor.
Through lawyer Tom Ojienda, the Speaker argued that the absence of Governor Sonko has created a constitutional crisis in City Hall.
Daniel ole Keiwua, Deputy Registrar of the Supreme Court, directed that the case be heard on March 5, further urging both parties to file and serve their papers.
Sonko on December 18, 2019, moved to court seeking to bar Elachi from assuming functions of the Governor’s office.
The embattled Nairobi County boss has been without a deputy since January 2018 when Polycarp Igathe resigned.
Sub-article 5 of Article 182 of the Constitution provides that in the event of the vacancy of a governor and deputy, an election shall be held within 60 days after the Speaker assumes office.
However, in Sonko’s case, the Speaker’s ascension will not be out of vacancy but inability to act caused by a court process.
Sonko in January 2020 nominated Anne Kananu Mwenda, the county’s current Disaster Management and Coordination Sector Chief Officer, to the position of Deputy Governor.
Mwenda is however yet to be vetted by the Nairobi County Assembly.
