The swearing-in of Ann Kananu as Nairobi Governor has been halted for the second time following an appeal by activist Okiya Omtatah.
This means that the order shall remain in force until October 22, 2021, according to Justices Appeal Judges Wanjiru Karanja (presiding), Jessie Lessit and Justice Jamila Mohammed.
Earlier in January, the High Court had issued orders temporarily stopping the possible swearing-in of Anne Kananu Mwenda as Nairobi County Governor pending a case filed by the Law Society of Kenya (LSK).
The orders were issued by Justice Antony Mrima.
A petition file by LSK sought orders mandating a by-election within the 60-days legal timeline as provided for under Article 182 (5). This was after Mike Mbuvi Sonko was impeached on accounts of gross misconduct, corruption among other allegations.
Mwenda, who was nominated by Sonko, was vetted and approved for the position by a 10-member committee of the county assembly resumed office on January 15, 2021.
Sonko had earlier claimed to have withdrawn Ms Mwenda’s nomination in a letter dated December 7, 2020, a move that was aimed at blocking her from succeeding him.
But while responding to queries from Members of County Assembly (MCAs), Ms Mwenda said the letter was “blank”.
“The purpose of that video was to show the public that he had sent the letter to me but I can confidently say the letter was blank with no authorizing signature or stamp. The letter was not even dated December 7th,” she said.
However, the most recent ruling comprising of Justices Said Chitembwe, Weldon Korir and Wilfrida Okwany stated that Deputy Governor Anne Kananu was vetted and appointed in line with the Constitution.
As a result, all petitions challenging her ascendancy were without merit and dismissed.
Justice Okwany noted that a governor is only a nominating authority and not an approving authority.
“Sonko cannot unilaterally withdraw the nomination of Kananu without the input of county assembly. It violated separation of powers. We are not persuaded that the nomination was revoked,” she said.