Sonko wants Elachi barred from taking up Nairobi County functions
Embattled Nairobi Governor Sonko now wants court to review his bail terms.
He also wants court to bar County Assembly Speaker Beatrice Elachi stopped from assuming functions of the Governor’s office.
In a certificate of urgency filed by Lawyer Harrison Kinyanjui, Sonko faulted orders to have him escorted to the Office of the Nairobi City County Governor and remove his personal items.
According to him, barring him from office is unlawful and amounts to an order directing him to vacate the elected post.
He argues that no vacancy has Constitutionally arisen in the elected post of Nairobi City County Governor to warrant the Speaker to assume his office.
The Governor further argues that at the time the order was made, he was in the process of appointing a Deputy Governor.
According to Article 182 of the constitution, if a vacancy occurs in the office of county governor and that of the deputy, or if the deputy county governor is unable to act, the Speaker of the county Assembly shall take up the role.
Sonko has been without a deputy since January 2018 when Polycarp Igathe resigned.
Thereafter, Sonko reneged on a promise to announce a nominee to allow for consultations.
Even then, Sub-article 5 of Article 182 of the Constitution provides that in the event of the vacancy of a governor and deputy, an election shall be held within 60 days after the Speaker assumes office.
However, in Sonko’s case, the Speaker’s ascension will not be out of vacancy but inability to act caused by a court process.
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