It is a relief for Nairobi Governor Mike Mbuvi Sonko after High Court dismissed a petition by a lawyer seeking to declare him unfit to hold the office.
Justice James Makau dismissed the petition by lawyer Boniface Nyamu saying the court has no jurisdiction to hear and determine the case.
“This court does not have jurisdiction to hear and determine this petition and is hereby dismissed,” ruled the judge.
In the petition, Nyamu argued that Sonko was not for to hold office for several reasons including failure to appoint his deputy.
The petitioner claims that the governor has engaged in different acts of gross misconduct that are insulting to the people of Nairobi and violated the obligation conferred to him as the duly elected governor of Nairobi.
It was his submission that the Governor assaulted an MCA, records private phone calls and has declined to nominate a deputy governor and therefore should pave way for fresh gubernatorial elections in Nairobi County.
The lawyer sought orders to restrain the county boss from transacting any business on behalf of the county government pending hearing and determination of the petition.
In response, Governor Sonko objected the application through lawyer Harrison Kinyanjui terming it as misuse and abuse of court process.
According to Sonko, the petition constitute generalized anecdotal allegations that are largely hearsay and broadside tales that have not a shred of evidence in the them to sustain either the motion or the petition.
He says that there is no evidence that the Nyamu is registered voter in any polling station within the span of the 17 constituencies comprising the Nairobi City County and proof he voted for him during the 2017 general elections.
”I am surprised at the blanket accusations leveled against me by the petitioner in his affidavit. I assumed the governorship if Nairobi City County at a time its management had ebbed to an extremely low level and its resources been grossly mismanaged,” said Sonko.
Further the Governor argued that to date he has never received any form of inquiry from the petitioner on the state of his government’s efforts to provide Nairobi City County residents with services.
He added that Nyamu did not demonstrate whether he is a property owner in Nairobi, vehicle owner paying parking fee, a service provider, business operator, an employer or a visitor to any of the offices of the county on any given date.
Sonko said he has worked closely with all the MCAs within Nairobi County to ensure that all roads and even grabbed roads are opened up, tarmacked and maintained in a reasonable motorable standard subject to the availability of funds.
