Sonko nominates Anne Kananu Nairobi deputy governor

Nairobi Governor Mike Sonko on Monday nominated Anne Kananu Mwenda to the deputy governor post, citing the need for continuity following his suspension from office over the loss of Sh357 million.

Sonko nominated Ms Kananu in a letter to Speaker Beatrice Elachi, in which he also noted that the office has been vacant for too long.

Mr Polycarp Igathe resigned from the office in January 2018, saying he had failed to earn Governor Sonko's trust.

COMPLEXITIES

Regarding his office, Governor Sonko noted the complexity that arose from a court order that requires him to keep off until the corruption case is determined.

He said he nominated Ms Kananu "in the interest of stability" in the capital.

As such, the governor asked the assembly to expedite Ms Kananu's vetting so that she is appointed.

"I will continue to abide by the bail terms granted to me and ensure the operations of the county are not affected, to guarantee the people of Nairobi uninterrupted service," he said.

THE LAW

Ms Kananu is the current Chief Officer in charge of Disaster Management and Coordination at City Hall.

Governor Sonko noted that her nomination was in line with article 180(5) of the Constitution and the Supreme Court Advisory Opinion of March 2018.

Article 180(5) states: "Each candidate for election as county governor shall nominate a person who is qualified for nomination for election as county governor as a candidate for deputy governor."

In its advisory, the Supreme Court said that "where a vacancy occurs in the office of the deputy county governor, the governor shall within 14 days nominate a person to fill such a vacancy". It added that the assembly shall vote on the nomination within 60 days.
Should there be a vacancy in both offices, the office of the deputy governor shall remain vacant until that of the governor is filled. The new governor shall then nominate a deputy within 14 days, with the assembly's vote similarly taking place within 60 days.

However, in the letter to Ms Elachi dated January 6, Sonko noted that a legal vacuum still existed in the framework for replacing a deputy governor.

As such, he said, the Senate sought to amend the County Government Act through a bill currently before the mediation committee of the Senate and the National Assembly.

The drafters of the Constitution did not envisage a vacancy upon the death, impeachment or resignation of deputy governors.

IMPEACHMENT

Governor Sonko risks removal from office should members of the county assembly pursue his impeachment.

The subject has caused a rift in the assembly, with some ward representatives saying they will not be party to the process.

Largely drawn from the ODM party, they said they cannot impeach Governor Sonko unless they are given the go-ahead by their party leaders.

They also cited the county's unique position, considering the lack of a deputy governor, a circumstance that could change.

According to the Constitution, a governor may be removed from office if he or she violates the Constitution or any other law, if there are compelling reasons to believe a crime was committed under national or international laws, if he or she abused office or engaged in gross misconduct or if he or she lacks the mental capacity to hold the office.

The Constitution adds that the governor's office becomes vacant if the holder resigns, is convicted of an offence punishable by imprisonment of at least 12 months, or is removed in line with legal provisions.

Sonko denied the graft charges on December 9, but Director of Public Prosecutions Noordin Haji said there was sufficient evidence to sustain them.

Two days later, he was released on a Sh30 million bond with a surety of the same amount or a cash bail of Sh15 million.