A petitioner has moved to the High Court seeking to block recently appointed deputy governor of Nairobi County Ms Anne Kananu Mwenda from assuming office.
Ms Kananu’s appointment by Governor Mike Sonko who is facing a Sh357m corruption charge has been termed as illegal by the petitioner who has filed a case under a certificate of urgency.
The petitioner Peter Odhiambo is urging the high court to declare the appointment of Ms Mwenda as an affront to the Constitution.
Mr Odhiambo is urging the court to restrain Ms Mwenda from taking charge of the Nairobi County Government until the case he has filed is heard and determined.
Through lawyer Simon Mburu, Odhiambo says the appointment of Ms Mwenda offends the bond terms spelt to Sonko when he was released by the anti-corruption court.
“Having been barred from accessing his office Sonko cannot therefore purport to appoint his deputy,” the petitioner states.
The anti-corruption court chief magistrate Douglas Ogot barred Sonko from accessing his office and discharging his duties.
“Therefore Sonko is incapable of discharging his constitutional duties. He cannot purport to appoint a deputy governor,” Odhiambo.
The plaintiff contests that Sonko is in contempt of the bail terms which have been supported by decisions of the Court of Appeal and the High Court.
The case was heard by Lady Justice Mumbi Ngugi who has certified it urgent and directed the same to be served upon the embattled city governor.
Odhiambo has named Ms Mwenda, Sonko and the county government as defendants.
Judge Ngugi directed the parties to file responses to the suit.
She also directed the case be mentioned on January 22, 2020 for further directions.