The High Court has barred the Nairobi County Assembly from vetting Governor Mike Sonko’s deputy governor nominee, Anne Kananu.
Justice Mumbi Ngugi gave the orders until a case by a petitioner, Peter Agoro, is determined. The Assembly resumes today from a two-month recess.
Mr 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 the timing of the nomination was an act of self-preservation and ran adrift with the war on corruption.
Last December, Anti-Corruption Court Magistrate Douglas Ogoti barred Sonko from accessing his county offices following his arraignment on corruption charges.
The court also prohibited Sonko from approaching any witnesses involved in his case.
No deputy
Sonko nominated Ms Kananu on January 6 to fill the position occupied by Polycarp Igathe, who resigned in January 2018.
The county has been without a deputy governor since then, setting the stage for a constitutional crisis after Sonko was arraigned.
Through the petition, Agoro argued that Kananu’s nomination could potentially lead to interference with prosecution witnesses.
“Sonko after being charged, was ordered not to go to office or interfere with witnesses, which order was given to ensure that the integrity of the prosecution process is insulated from any interference,” said Agoro.
He also stated that Kananu’s nomination was meant to defeat the cause of justice in the case where Sonko is facing charges of money laundering and unlawful acquisition of public property amounting to Sh357 million.
Nomination contested
Sonko has denied the charges.
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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.
Justice Ngugi directed the DPP and Nairobi County Government to file their responses in the case, which will be mentioned on March 10, 2020.
The ruling comes barely a week after the Independent Electoral and Boundaries Commission cleared Kananu for the position.
The Vetting and Appointments Committee had planned a meeting yesterday to set the date for Kananu’s vetting.
This was, however, dealt a blow by yesterday’s High Court orders halting the process.