Former Nairobi Governor Mike Sonko has now turned courts into his battleground with a litany of cases in a last-ditch attempt to cling to power.
The latest is an attempt to stop Nairobi County Assembly from vetting and approving Nairobi Disaster Management Chief Officer Anne Mwenda as the deputy governor.
This is in addition to seeking to have appointments carried out by acting Governor Benson Mutura on Wednesday set aside, accusing him of exercising unlimited powers of an elected governor, when he is not.
Under a certificate of urgency, Mr Sonko, through his lawyer Harrison Kinyanjui, now wants the Nairobi Anti-Corruption Court to issue conservatory orders on the two issues he has raised, pending their determination.
The former governor wants any possible vetting of Ms Mwenda stopped, arguing that he revoked her nomination as deputy governor on December 7, 2020.
He also pointed out that on February 17, 2020, Lady Justice Mumbi Ngugi also stopped the vetting and approval of Ms Mwenda as the deputy governor.
“Unless restrained, the assembly is now threatening to unlawfully vet and impose Ms Mwenda as Nairobi deputy governor, hence the necessity of the conservatory orders sought,” he said in the application.
At the same time, Mr Sonko argued that Mr Mutura has no powers to appoint or dismiss any person in the county government and, therefore, his appointment of Brian Weke as legal adviser, Paul Mutungi as chief of staff, Jairus Musumba as acting county secretary while dismissing Justus Kathenge in the process, are unlawful and in gross violation of Section 32(4) of the County Governments Act.
On reappointment of Ms Janet Ouko as Education CEC, he argues that Ms Ouko cannot be re-appointed into the county’s cabinet as she is not available for such reappointment after being dismissed from being a CEC by the former governor.
He, therefore, claims Mr Mutura committed illegalities by his actions as the powers to nominate, appoint or dismiss any person in the county government are not available in law to an acting governor as stated in Article 179(5) of the Constitution.
“All the cited appointments are unlawful and in express violation of Section 32(4) of the County Governments Act, necessitating an urgent issuance of conservatory orders to protect the public interest, and stem the rogue and unlawful actions of Mr Mutura,” he says in the petition.
