Former Nairobi Deputy Governor Polycarp Igathe has a chance to make millions in backdated salaries should he demand pay from the exchequer.
Igathe's goldmine is possible given the notice by the Independent Electoral and Boundaries Commission (IEBC) that Igathe is officially recognized as the Deputy Governor of the County Government of Nairobi.
With a total pay of Ksh728,831 per month plus allowances as a deputy governor's salary, Igathe who resigned in January 2018, would be entitled to a Ksh20 million payout despite not being in office.
Makueni MP Dan Maanzo, who is also NASA's lawyer, confirmed to Kenyans.co.ke on Thursday, March 5, that Igathe could demand his wages from the exchequer since he is not bound by Article 182 of the Constitution of Kenya 2020, that gives the procedure through which a governor can resign.
"The constitution talks about the governor, not the Deputy. There is a reason why we are reworking the constitution. There were a lot of gaps when it comes to the deputy governors even though it is one ticket.
"If IEBC still recognizes Polycarp Igathe, it is because they are the ones who conduct elections. Even if you give your resignation letter to the county assembly, according to the IEBC records, you are still the deputy," stated Maanzo.
For this reason, he stated that unless that is reversed, then nothing has changed in the county and that the deputy governor can return to work.
He added that not only on that section, but there were a lot of gaps on so many levels concerning the affairs of the deputy governors, including in the replacement of the deputy governor.
"If he has never given his resignation or a copy of the same to the IEBC, then their records have never changed and they should therefore proceed and pay him full salaries for all those years.
"They should just pay because he never resigned. His resignation could have survived if he also served the letter to the IEBC because they are the ones who keep a record of elected leaders," explained the lawyer.
According to Article 182 (1) of the Constitution, for a governor's resignation to be considered valid, he would have to write to the speaker of the county assembly to notify them of the resignation.
Polycarp Igathe resigned in a huff in January 2018, citing a difficult working environment between him and Governor Sonko.
Sonko has not had a deputy since, only recently appointing Ann Mwenda to serve as a deputy but has not been able to take office due to various legal conundrums.
Sonko also handed over some of the county activities to the national government, at a time when he is battling graft charges and possible impeachment from the members of the Nairobi County Assembly.
