Justice Mumbi Ngugi is poised to resolve the Nairobi County Deputy Governor vacancy row after Governor Mike Sonko was impeached by MCAs on Thursday, December 3.
Ngugi will decide whether the Sonko's nominee Anne Kananu Mwenda is fit to be Deputy Governor or not. Sonko nominated Kananu as his assistant on Monday, January 6.
If she rules that the nomination process was legal, Kananu will assume office. If she rules that it was illegal, then the position will remain vacant. Sonko's impeachment case was forwarded to the Senate which will either uphold or reject it.
Upholding the decision by MCAs is aligned to Justice Ngugi's ruling on Kananu's fate as she may take over office as Governor or not.
If Sonko is sent home and the office of the Deputy Governor is still vacant, Nairobi County will then head into a by-election 90 days later.
Speaker Benson Mutura will temporarily act as Governor until Sonko's successor is sworn in. Ngugi stated that she will issue a date for her ruling.
In February 2020, Justice Ngugi ordered Nairobi MCAs to desist from vetting Kananu until a case filed by a voter challenging the nomination was heard.
Director of Public Prosecution DPP Noordin Haji also opposed Kananu's nomination arguing that it was illegal and Sonko had violated his bail terms. Sonko had been barred from accessing his office.
"Sonko cannot purport to have the powers to name a deputy while his case is still active. His action is null and void," Haji lamented.
Another issue still pending and one that has never been clarified is the resignation of Sonko's first Deputy Governor, Polycarp Igathe.
Early this year, IEBC stated that it was unaware of Igathe resigning from the role - two years after he announced his decision.
Through a statement on his Twitter account on January 12, 2018, the former deputy governor had stated that he had failed to earn the trust of Governor Mike Sonko.
