Nairobi Governor Mike Mbuvi Sonko has responded to the Director of Public Prosecution (DPP) Noordin Haji, who had argued that it was illegal of him to appoint a deputy governor.
In a letter seen by Citizen Digital, Sonko, through his legal team, stated that he was still the governor, despite being barred from accessing his office.
Sonko's response to the DPP also mentioned Kiambu Governor Ferdinand Waititu, stating that a court in Kiambu had ruled that he was still entitled to a full payday and was still the county boss, regardless of Justice Mumbi Ngugi's ruling.
“We wish to note that the court in its bail ruling did not bar our client from exercising the constitutional functions of his office.
"Our client is bound to perform those actions which do not require him to access the office and which can only be done by him,” read an excerpt of the letter.
Further, he accused Haji of discussing contents of the court case, hence, going against the stipulated bail terms.
On Monday, January 6, the Nairobi Governor nominated Ann Kananu Mwenda as his deputy.
Sonko made the nomination despite a court ruling barring him from conducting official county business while under trial for corruption-related charges.
"Sonko cannot purport to have the powers to name a deputy while his case is still active. His action is null and void," the DPP warned.
Haji had further stated that he would move to court to challenge Sonko's actions.
While speaking to Kenyans.co.ke on Monday, Nairobi County Director of Communications, Jacob Elkanah dismissed Haji's argument, stating that Sonko had exercised his duty legally and ethically.
"You know the court's decision was vague and did not stipulate which duties Sonko should perform, at what time and when. According to us, we are within the law," Elkanah argued.