Two move to court to block Igathe resignation

Two voters have moved to court to challenge the resignation of former Nairobi Deputy Governor Polycarp Igathe.

The two; Somin Kokoyo and Javan Owala want the court to declare Igathe’s resignation null and void and issue a declaration that Nairobi County’s Executive Committee is not properly constituted with a vacancy in the Office of the Deputy Governor.

Mr. Kokolo and Mr. Owala claim that the constitution does not provide for a vacancy in the Office of a Deputy Governor.

“The continuous undermining of the constitutional role of deputy governor sets a dangerous precedent to the rule of law, constitutionalism and is an upfront to the spirit of devolution in Kenya,” the two say in their affidavit.

They further claim that Igathe’s resignation has thrown Nairobi County into a leadership crisis and the rights of the city dwellers under Article 38 will be prejudiced since a vacancy in the office of  a county’s second in command will affect the operations of a governor.

“The constitution stipulates that a governor and his deputy are elected on a joint ticket. There cannot be a vacancy in the office of a Deputy Governor,” they add.

The two claim that during the August 8 General Election, Sonko and Igathe publicly entered into a social contract with the people of Nairobi.

In the said contract, they continue, Igathe was tasked with handling the administrative affairs of the county while Sonko was tasked with handling the political affairs.

Igathe announced his resignation on January 12 citing failure to earn the trust of the governor to enable him run the county.

He left office January 31.