What happens to Nairobi if Sonko is impeached?

The trial of Nairobi Governor Mike Mbuvi Sonko is underway in the Senate.

The motion to impeach him at the county assembly was moved by Minority Leader Michael Ogada earlier this month and the assembly found him guilty of failing to approve a Sh37.4 billion budget to facilitate operations undertaken by the Nairobi Metropolitan Services (NMS).

Earlier this month, 88 of 122 MCAs voted to remove Sonko from office, on grounds of;

i) Gross Violation of the Constitution or any other law (the County Governments Act, 2012, the Public Procurement and Disposal Act, 2015 and the Public Finance Management Act, 2012)

ii) Abuse of office and

iii) Crimes under National Law.

Should Senate uphold the motion to remove Sonko from office, ideally, the deputy governor should take over for the remainder of the term but Nairobi does not have a Deputy Governor.

According to article 182 of the Constitution, if a vacancy occurs in the office of county governor and that of deputy county governor, or the deputy county governor is unable to act, the speaker of the county assembly shall act as county governor.

An election to the office of county governor shall then be held within sixty days after the speaker assumes the office of county governor.

A person who assumes the office of county governor under this Article shall unless otherwise removed from office under the Constitution, hold office until the newly elected county governor assumes office following the next election

Sonko’s delay in naming a Deputy Governor

Nairobi has been without a substantive deputy governor since January 2018 when Polycarp Igathe resigned, citing a lack of trust from his boss.

In March 2018, Sonko unveiled a list on his Facebook page and asked residents to help him choose who they thought was the best-suited person to replace Igathe.

Topping Sonko’s list was Citizen TV anchor Ann Kiguta; followed by lawyer Miguna; Nairobi County Education, Youth Affairs & Gender County Executive Committee Member at the time Janet Ouko; businesswoman Agnes Kagure; former Starehe Member of Parliament Margaret Wanjiru; former Dagoretti North legislator Dennis Waweru; nominated senator Millicent Omanga; and businessman Muhoho Kenyatta.

Earlier this year, Sonko nominated Anne Kananu Mwenda to the position of Deputy Governor.

The governor said the move was in line with article 180(5) of the Constitution and the Supreme Court Advisory of March 2018.

“In March 2018 the Supreme Court gave an advisory regarding the nomination of a Deputy Governor once vacancy occurs as in the case in Nairobi County,” read the letter in part.

In February this year, the High Court barred the Nairobi County Assembly from vetting Kananu.

Justice Mumbi Ngugi gave the orders until a case by a petitioner, Peter Agoro, was determined. Agoro moved to court arguing that the nomination amounts to “a direct affront to the orders issued against the governor in December last year”.

Agoro argued that the timing of the nomination was an act of self-preservation and ran adrift with the war on corruption.

Kananu’s nomination was also contested by the Director of Public Prosecutions (DPP) Noordin Haji, who was concerned with its legality given that Sonko had been barred from office.