Narc Kenya leader Martha Karua insists that Governor Mike Sonko's powers to nominate or exercise his functions were trimmed by the court.
The Nairobi boss on Monday nominated Anne Mwenda as his deputy to fill a vacancy that was left following the exit of Polycarp Igathe in 2018.
Council of Governors on Wednesday backed his decision, arguing that Sonko acted within the law.
"Nairobi City County Governor HE @MikeSonko is right and free to exercise his constitutional mandate as the head of the County to nominate a Deputy Governor who will assist him to discharge his duties," CoG said.
However, Karua, a former Constitutional Affairs minister, dismissed the claims by CoG, arguing that Sonko still remains suspended.
"No, he’s not. He’s stands suspended by operation of law and his bail terms and therefore cannot purport to exercise powers of his office for now. If it was otherwise then it would be business as usual," she said.
Sonko was arrested and charged with graft and money laundering, a claim he has persistently denied, accusing EACC of witch-hunt.
A ruling by Justice Mumbi Ngugi bars state officers charged with graft from accessing their offices, effectively depriving them powers to perform certain functions.