City lawyers Steve Ogolla and Wahome Thuku have termed the appointment of Anne Kananu Mwenda as the Deputy Governor of Nairobi as unlawful.
The lawyers said the appointment made on Monday by Governor Mike Sonko is invalid since he has been barred by the courts from performing his official duties due to an ongoing corruption case against him.
Ogolla said the ruling by High Court Judge Mumbi Ngugi barring elected leaders from continuing to attend to office functions meant Sonko cannot appoint his deputy before his graft case is concluded.
"AS IT IS, Gov. Sonko cannot lawfully appoint Deputy Governor during the pendency of his corruption charges. Justice Mumbi Ngugi's ruling, read in its connotative expanse, effectively means Sonko cannot lawfully perform county functions, including especially appointing a Deputy," Ogolla tweeted.
On his part, Thuku referred to the ruling by the Court of Appeal which upheld Ngugi's ruling barring Kiambu Governor Ferdinand Waititu from going back to the office to continue executing his duties.
"Appointing a Deputy is part of going back to office and EXECUTING one of his duties and shouldn't happen. Its not simply an [sic] walking in and out of the physical office, it's also about executing his "official" duties, whether in his physical office or away from his desk and chair," Thuku argued.
On December 11, 2019, Anti-Corruption Chief Magistrate Douglas Ogoti barred Sonko from accessing office after he was charged with money laundering and unlawful acquisition of public property amounting to Sh357 million.
The flamboyant politician was released on Sh15 million cash bail or Sh30 million bond.