The High Court has barred Nairobi City County Assembly from vetting Paul Mutunga Mutungi as Governor Ann Kananu’s deputy.
Justice Hedwig Ong’udi extended the orders until January 26, 2022 after consolidating the petition filed by activist Okiya Omtatah with three others filed by Peter Odhiambo, George Bush and Joseph Ndung’u.
The petitioners are seeking permanent injunction restraining the assembly from vetting, approving or swearing in Mutungi as the Deputy.
In his application, Omtatah argues that to preserve the substratum of the matter, temporary orders prohibiting Mutunga from taking oath of office as Nairobi City county deputy governor and or assuming or occupying the office of the Nairobi city county deputy Governor be issued pending the inter-partes hearing of the application.
Omtata argued the nomination, vetting and approval of Mutunga is a nullity because it was done without him being cleared first by the Independent Electoral and Boundaries Commission (IEBC).
He also disclosed that as a person facing active criminal charges in the Anti-Corruption and Economic Crimes Division of the High Court, Mutunga is ineligible for an appointment as the DG.
In the consolidated petition, the three petitioners wants the court to declare that nomination of Mutungi as Deputy Governor is unconstitutional and contravenes chapter 6 of the constitution.
