Nairobi Governor Mike Mbuvi Sonko has moved to court seeking orders to bar speaker Beatrice Elachi from assuming functions of the office of governor.
In an application filed by his lawyer Harrison Kinyanjui, the city boss now wants the court to review his bail terms which bars him from accessing his City Hall office.
While barring the embattled Governor from office last week, after he pleaded not guilty to 19 counts of graft charges, Milimani Chief Magistrate Douglas Ogoti stated that Sonko will only be allowed to pick his belongings from City Hall in the company of an authorised officer.
In the application filed under a certificate of urgency, Sonko argues that the order by the Anti-corruption court is unconstitutional as it amounts to forcefully removing him from office.
No vacancy, Sonko says, has Constitutionally arisen in the position of governor to warrant the Speaker to assume his office.
Read: Sonko Secures His Freedom After Posting Ksh15 Million Bail
Nairobi has been without a deputy governor since January 12, 2018, when Polycap Igathe resigned after fall out with Governor Mike Sonko.
Sonko now says that at the time the order was made, he was in the process of appointing a Deputy Governor.
With the city lacking a Deputy Governor and considering that Sonko has not resigned the County has been thrown into a crisis.
The constitution only gives room for the Assembly Speaker to act as Governor for 60 days when both the Governor and DG positions are vacant.
Read Also:Sonko Fails To Appear Before Voi Court
Last week, Elachi stated that she had written to the Attorney General for an advisory opinion on what next for Nairobi.
“This situation is unique hence it is important that we wait for the way forward, but the assembly will proceed for recess as we wait for a special sitting pursuant to provisions of Standing Order No. 30 should the need arise,” she said.
Nairobi Senator Johnson Sakaja has also asked the Senate to hold a special sitting to discuss the crisis at City Hall.
Read Also: Questions As Sonko’s Death Certificate From 2005 Appears (Photo)
Sonko is accused of misappropriating Ksh357 million from the county coffers.
He is also accused of irregularly awarding tenders to his close aides and forging documents leading to the loss of millions of shillings.
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