The Supreme Court on Friday ruled that governors will be allowed to nominate fresh nominees within 14 days to replace their deputies who resign, die in office or are impeached.
The nominees will then have to be approved by County Assemblies within 60 days after which the successful appointee will take oath.
The Supreme Court Judges - Chief Justice David Maraga, his deputy Philomena Mwilu, Justices Mohamed Ibrahim, Jackton Ojwang’, Njoki Ndung’u, Smokin Wanjala and Isaac Lenaola - declared that the position cannot be filled through another election.
“It is unconstitutionally inconceivable to have a vacuum in the office of Deputy Governor until the next General Election is held," stated the judges.
[caption caption="Supreme Court Judges"]
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They, however, admitted that the Constitution was not clear on how the vacancy should be filled.
“It is beyond dispute there exists a lacuna in law with regard to the filling of a vacancy in the office of Deputy Governor,” they remarked.
Polycarp Igathe announced his resignation as Nairobi Deputy governor earlier this year citing differences with Governor Mike Sonko.
Two weeks ago, a petition was filed by two Nairobi residents seeking to quash his resignation.
Somin Kokoyo and Javan Owala asked the court to declare Igathe’s resignation null and void.
They further asked the court to issue a declaration that Nairobi County’s Executive Committee is not properly constituted with a vacancy in the Office of the Deputy Governor.
In the affidavit, the two petitioners stated: “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.”
Sonko had, however, moved ahead and appointed former Nairobi Town Clerk John Gakuo as the co-chair of the Nairobi Regeneration Committee to replace Igathe.
[caption caption="Mike Sonko and Polycarp Igathe at a Past Function"]
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