A man has filed a petition at the High court challenging the decision by Nairobi governor Mike Mbuvi Sonko to nominate self-proclaimed ‘General’ Miguna Miguna as his deputy.
Under a certificate of urgency, John Waigi Migwi claims that Miguna cannot be nominated to be the Deputy Governor of Nairobi because he is not a Kenyan and a member of Jubilee party on which Sonko was elected.
Through his lawyer, Migwi wants the court to stop the County Assembly of Nairobi from vetting Miguna pending hearing and determination of the case.
The applicant avers that the nominee does not meet the relevant qualifications for the nomination since he is a member of an illegal movement that works closely with the main opposition party in Kenya and spends its time antagonizing the policies of Jubilee Party.
“The said nominee is a member of a prescribed group known as National Resistance Movement (NRM), an illegal movement that works closely with the main opposition parties in Kenya and spends its time antagonizing the policies of Jubilee party,” says Migwi.
The applicant further argues that the nomination regulations requires the filler of that position to be a member of the Party, a citizen of Kenya and not affiliated to the other political parties that are not in the same coalition with Jubilee Party.
“Unless restrained by the court, the County Assembly of Nairobi shall proceed with the vetting process of the nominee who might be appointed to office before the determination of this petition thus defeat the substratum,” Migwi adds.
Further, he claims that the speaker of the County Assembly has stated on media that the nominee will be vetted for the position on account of the nomination sent to her office by Sonko but the date of vetting and probable approval of the nominee has not yet been disclosed.
Mike Sonko, Nairobi County Assembly and Jubilee Party have been named as respondents in the matter.
Last week, the Governor made the unexpected announcement in a letter to the Speaker of the County Assembly saying the former lawyer Miguna meets all the requirements as provided for in the constitution.
Miguna who was deported to Canada early this year on grounds that he was not a Kenyan citizen postponed his return to the country saying the Immigration Department was yet to furnish him with a valid Kenyan passport as directed by the Court.