City lawyer Alex Wangoma has dismissed claims that Nairobi County Assembly Speaker Beatrice Elachi will take over as governor should Mike Sonko be barred from office.
Sonko, who is yet to pick his deputy after the resignation of Polycarp Igathe, is facing graft allegations amounting to millions of shillings, including claims of pocketing kickbacks.
This has resulted in some pundits observing that the Speaker might take over, which Wangoma says will not happen in the current situation, unless the governor is convicted.
In an interview on Radio Jambo on Tuesday night, the High Court Advocate said since Sonko is yet to be convicted, he is still the bonafide governor of Nairobi County.
"Those saying that Elachi should take over, that's not what the law says. Nairobi still has a governor, only that he is not in office. He has not been convicted yet. (Wale wanasema Elachi achukuwe, sheria haisemi hivyo. Bado Nairobi iko na gavana hayuko tu ofisini. Bado hajapatikana na kosa lolote)," he said.
He added that even if convicted, Elachi will takeover, but as caretaker governor for a period of sixty days.
"If convicted, the Speaker will take over for 60 days pending a new election (Akipatikana na hatia na afungwe Spika atachukuwa kwa siku sitini kisha uchaguzi ufanywe)," he added.