Nairobi Governor Mike Sonko is right to nominate a Deputy Governor!
This is after a ruling made last year by a magistrate’s court okaying Governor Moses Lenolkulal of Samburu from reshuffling his cabinet surfaced.
In the case that was filed in court in April 2019, the DPP had dashed to court seeking orders to have Governor Moses Lenolkulal;s bail cancelled after he reshuffled his cabinet.
Lenolkulal was arrested on 2nd April 2019 and charged with abuse of office and theft of Public funds.
However, in the ruling, Chief Magistrates Court at Milimani , Anti-corruption case 3 of 2019, the Magistrate dismissed the DPP’s orders.
The DPP had gone to court under articles 49, 50, 75, 157, 159, 175, and 259 of the constitution , section 65 (1) of ACECA , section 42 (7)of the leadership and integrity act, section 123 and 123 (a) of the criminal procedure rules 2010 and all other enabling provisions of the law where he was seeking the court to cancel bail terms of Governor Lenolkulal.
The DPP sought that the Samburu Governor be barred from office and accessing the Integrated Financial Management System (IFMIS).
The DPP also wanted the court to order the Central Bank not to allow Lenolkulal and his team from accessing any of the County Bank Accounts.
He also sought orders that the Governor be barred from contacting any witnesses.
Wesley Nyamache and Alexender Muteti from the DPP’s office claimed Lenolkulal would interfere with witnesses if he carried out a reshuffle.
However, after a bitter fight in court, the DDP; s application to cancel bail terms for Samburu Governor Moses Lenolkulal Kasaine for reshuffling his cabinet was dismissed.
While dismissing the DDP’s application, the Magistrate said the prosecution ought to have demonstrated that the Governor personally visited the offices of the County Government of Samburu.
The Magistrate also noted that by virtue of having been charged in court, it did amount to removal from office.
“The prosecution ought to have demonstrated that the act of reorganizing the Samburu County Executive Committee was done by the 1st respondent from the offices of the Samburu County Government,” the court said.
The court said that Lenolkulal had not breached his bail terms by reshuffling his cabinet and was not in contempt of court orders dated 2nd April 2019.
The ruling was delivered on 15th May 2019.
In the case of Nairobi County, it has been without a deputy since 12th January 2018 when Polycarp Igathe resigned citing lack of trust from his boss.
Sonko was arrested on December 6th and Charged in Court.
He was barred from office.
On January 7th Sonko nominated the County Disaster management officer Anne Kananu Mwenda as his deputy.
DPP Nordin Hajji dismissed the move as a “breach of bail terms”.
He has since moved to court to contest Sonko’s decision.
Sonko forwarded Mwenda’s name to the County Assembly for vetting and approval.
The Council of Governors and the Senate Select Committee on Devolution have supported Sonko.
They have asked MCA; s to hasten her vetting and approval.
Sonko’s true friends are optimistic he will overcome the “temporary insubordination”
However, his enemies and “fake friends” are celebrating his current predicament and hope he loses his seat.
On December 20th, 2019, Governors Lenolkulal and Ferdinand Waititu of Kiambu lost an appeal they had lodged in court asking the Court to allow them to access offices.
Lenelukulal had appealed against Justice Mumbi Ngugi’s order of not accessing office.
The Appeal Court said the orders are constructive and do not amount to removal from office.