Nairobi Deputy Governor nominee Ms Anne Kananu Mwenda's fate still hangs in the balance after a petitioner filed a case against her at the High Court.
The petitioner, Peter Odhiambo, wants the court to block embattled Governor Mike Sonko's nominee from office.
Odhiambo, who filed the case under urgency, argued that the nomination needs to be revoked with immediate effect on the grounds that Sonko violated the bail terms granted by the court.
Through his lawyer Simon Mburu, the petitioner argued that Sonko lacks the mandate to nominate a deputy until he is cleared from the Sh357m corruption case against him.
“Having been barred from accessing his office, Sonko cannot therefore purport to appoint his deputy,” the petitioner states.
The petitioner also said that the court blocked him from discharging his duties, adding that he lacks the mandate to pick a deputy at the time he is facing charges in court. Odhiambo argued his case before Lady Justice Mumbi Ngugi.
“Therefore, Sonko is incapable of discharging his constitutional duties. He cannot purport to appoint a deputy governor,” Odhiambo added.
The Director of Public Prosecution Noordin Haji has also filed an application seeking for the cancellation of Sonko's bail term. Haji termed the nomination of the Deputy as unlawful.
The governor has, however, insisted that he has the mandate to name a deputy because he was only barred from physically accessing his office and not discharging the duties he was given by the constitution.