Nominated Nairobi county deputy governor Ann Kananu Mwenda has moved to court seeking review of the orders stopping her vetting by the Nairobi County Assembly.
In a certificate of urgency, Kananu states that she was nominated by Nairobi County Governor Mike Mbuvi Sonko on 6th January 2020 and the 60 days timeline that is set by standing orders and guided by constitutional functioning of the legislature expires on 5th March 2020 whereas the court ordered that the matter be mentioned on 10th March.
Through lawyer Joseph Kiare, Kananu says that the review or setting aside of the orders will enable the county assembly to exercise it’s legislative function with the constitutional scheme of devolution and run its legislative process within the ordinary safe guards of the sedation of powers legitimately outside the path of the ordinary motions if the judicial arms of state.
“There is eminent danger after the lapse of the 60 days on 5th March”, says Kananu.
In his affidavit lawyer Kiarie says that there is a constitutional timeline as to when the county assembly of Nairobi should vet the nominee for the position of Deputy governor.
He argues that the nomination and appointment of Deputy Governor is more fundamental than any other nomination in the county and is well guided by the advisory of the Supreme Court among other laws.
“The honourable court ought to have taken notice of the constitutional timeline and give a closer date to determine the matter,” Kiarie submitted.
He further avers that on several occasions some cartels/malicious people have misled the media and purported that the vetting process is held pending the advisory from the Supreme Court in reference No. 1 of 2020 but the Supreme Court has always corrected untrue statements through press release.
“It is clear from the above that the supreme has upheld it’s position to uphold the doctrine of separation of powers, it has declined to be used as an organ to interfere with other state organs powers”.
According to the lawyer, County Assembly of Nairobi is a state organ that is protected by the doctrine of separation of powers and the court cannot interfere with its process that are properly guided by and within the law of land.
The lawyer claims that there is foreseeable danger upon lapse of the 60 days in the Nairobi City county noting it’s current date and prevailing circumstances of affairs within the county leadership.
It was his submission that due to the functioning of constitutional governance the court ought to have been guided by restrained limiting itself to intervention in requisite instances upon appreciating the prevailing circumstances in Nairobi City County, objective needs of the people of Nairobi and public interest.
“It is worthwhile to note that this honourable court and the entire judiciary has once again from past events been put to task to deliver the people of Nairobi within the shorts time possible their deputy governor, an office that has been vacant since 12th January 2018, the court should also take cognisance that the nominee has been cleared by all the other commissions pending vetting by the county assembly of Nairobi”.