Behind-the-scenes plans and manoeuvres are underway to transfer power from acting Nairobi Governor Benson Mutura to newly installed deputy governor Anne Kananu Mwenda before the end of the former’s 60-day stint.
Those pushing for Ms Mwenda’s ascension to the helm of City Hall want her sworn in as fast as possible in a twin strategy that negates the need for a by-election in the city as well as nipping in the bud efforts to block the process through the courts.
According to the game plan, the former disaster management and coordination chief officer could take oath of office as the third governor of Nairobi County any time this week in a rush to block any attempts by disgruntled individuals to arrest the transition.
A legal team has been burning the midnight oil to craft the best way out as it is faced with two options of either waiting for the lapse of Mr Mutura’s caretaker period next month or immediately swear in Ms Mwenda.
However, the general agreement is tilting towards immediate swearing-in in order to forestall any attempts to have the court block the planned handover of power.
According to a source privy to the happenings, a swift taking over by Ms Mwenda will now transfer the headache to the courts to make a ruling even as the new governor continues with her duties.
“Having Kananu as the governor immediately will forestall any stay orders by the courts should someone rush to court as she will already be in the office. This will then set in motion legal battles which will take time as she carries on with her duties as the governor,” said the source.
The source further revealed that Mr Mutura was supposed to hand over power to Ms Mwenda last week Friday but they ran out of time ahead of the 2pm deadline.
The oath of office was completed just nine minutes before the deadline, leaving little time for any other ceremony.
Interestingly, Mr Mutura was present at the event as the new deputy governor was being sworn into office.
“Do you think she was being sworn in as the deputy governor to deputise who? Ms Mwenda will now take over as the governor as the speaker was acting because there was no deputy but now that the deputy is here,” he said.
Ms Mwenda took oath of office Friday last week with events leading to her installation – from vetting, report approval and oath taking – happening in under record five hours.
The urgency of the process appeared to confirm a well-planned succession plot following the impeachment of former governor Mike Sonko.
Strings have been pulled behind-the-scenes ever since the ouster of Sonko with the plan to forestall any by-election in the capital.
Resurrection of Ms Mwenda’s vetting through withdrawal of a petition challenging her nomination, suspension of the February 18 by-election and her swift assumption of the deputy governor’s position — the pieces of the jigsaw have been meticulously falling into place as planned.
According to the plan, Jubilee Party was to retain the seat and then nominate a person from ODM as the deputy governor in the spirit of the Handshake.
Kanu Secretary-General Nick Salat said Nairobi does not need a by-election right now and service delivery should be the focus.
“It comes naturally that Kananu will assume the position of the governor after being installed as the deputy governor. The next course of action is for the MCAs to make the right call. I congratulate her and believes she will deliver,” said Mr Salat.
This even as the swearing-in process split both the political and legal class with pro and anti-Handshake politics playing out as Tangatanga brigade condemned the exercise terming it an illegality.
However, Jubilee nominated MP Maina Kamanda reminded those condemning the swearing-in to distinguish between court processes and politics.
He said the process was given a go-ahead by the courts after listening to many cases filed against it and so no question of legality or otherwise should arise.
“Decision of the court is not Jubilee Party's decision so no one should blame us. These are court matters and not party matters and as such, we don't have any control over them,” said the former Starehe MP.
ODM Secretary-General Edwin Sifuna echoed Mr Kamanda’s sentiments saying the only entity under the Constitution supposed to pronounce on legality or otherwise of any matter is the court.
“In the absence of a court order that one can say has been violated or pronouncement against the process by the court that it shouldn't be done, then we have to go with the position of the court and that everything that has been done is accordance with the law,” said Mr Sifuna.
