DPP Noordin Haji reacted to Nairobi Governor Mike Sonko's move to nominate his deputy after he was barred by the court after he was slapped with corruption charges.
K24 Digital, on Monday, January 6, 2020, reported that the DPP argued that Sonko had violated his bail terms, after nominating Anne Kananu Mwenda as his deputy.
The Standard on Tuesday, December 7, further reported that Haji affirmed that he would proceed to court to challenge Sonko's actions.
"We will move to court to challenge this move. The court was clear on what Sonko cannot do. To purport to have the power to name a deputy while his case is still on is a violation of the bail terms given to him," Haji debated.
Mwenda serves as the Disaster Management and Coordination chief officer at City Hall - a position she has held since April 2018.
In a letter to Nairobi County Assembly Speaker Beatrice Elachi, Sonko justified his decision as being in line with Article 180 (5) of the Constitution of Kenya, and the Supreme Court Advisory of March 2018.
"I therefore humbly urge the assembly to expedite the vetting process of the said nominee, for purposes of appointment, as per the provisions of the County Government Act, Section 8 (1) (a)," he stated.
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 while speaking with Kenyans.co.ke.
Senate Majority Leader Kipchumba Murkomen, also defended Sonko's move.
"Going by our earlier interpretation of the Court of Appeal decision, Sonko has not violated his bail terms by appointing a deputy governor. In any case, there is no connection between appointments and protection of evidence relating to DPP’s case," Murkomen tweeted on Monday, January 6, 2019.
Sonko has been under immense pressure to nominate a deputy, since businessman, Polycarp Igathe, resigned in 2018.
Jubilee Party Secretary General, Raphael Tuju, on December 29, 2019 disclosed that Jubilee Party tried to push the governor to nominate a deputy before his court woes commenced.
"After Igathe resigned, we tried to approach Sonko to appoint a deputy but he didn't do it. If you look at the Building Bridges Initiative (report), there is a recommendation that a governor should be forced to appoint a deputy within 90 days, if they don't they face an election," Tuju explained.
