High court has allowed the Nairobi County Assembly to vet Anne Kananu Mwenda who has been nominated by Governor Mike Mbuvi Sonko as his deputy.
Justice Mumbi Ngugi declined to stop the move by Sonko citing the issue of jurisdiction.
The judge asked the petitioner, one Peter Odhiambo Agoro to consider the issue of jurisdiction.
Agoro moved to court seeking to stop the process and bar the governor from nominating any other person in the position of the deputy Governor.
He argued that the Governor breached the provisions of the constitution by discharging his duties as the Nairobi Governor.
He said Sonko’s decision to appoint the DG after one year and nine months after Supreme Court advisory opinion was issued, is mischievous and in bad faith.
Sonko was barred from office by Anti-corruption magistrate pending hearing and determination of a graft case against him and his co-accused.
Through lawyer Harrison Kinyanjui, Sonko told the court that he has not been served with the petition and there was need to demonstrate that he never ceased having powers of a Governor merely because he is facing a criminal charges.