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Tuesday, January 19, 2021 – The swearing-in of Anne Kananu Mwenda as Nairobi Governor was halted yesterday by the High Court following a petition filed by the Nelson Havi-led Law Society of Kenya.
The lawyers argued that the hurried elevation of Kananu to the office of Deputy Governor is in direct violation of the Constitution of Kenya and demeans the power of the people in democratically electing their Governor and deputy governor.
Havi argued that along with violating numerous Articles of the Constitution, Kananu’s swearing-in subverts the County Governments (Amendment) Act 2020, the County Governments Act 2012, the Public Appointments (County Assemblies Approval) Act 2017, and the Assumption of The Office of Governor Act 2019.
LSK stated that Kananu’s swearing-in is a calculated political move to avoid a by-election in Nairobi, further arguing that the move sets a dangerous precedent in the application of the rule of law.
Kananu’s swearing-in allegedly subverts the Assumption of Office of Governor Act 2019, on grounds that it violated the entire act except for the swearing-in by High Court.
LSK in the petition argues that Kananu’s nomination to the office of DG was annulled by Sonko’s ouster, and anything thereafter is illegal.
Kananu’s vetting, according to LSK, could not be revived after Sonko was impeached as it undermines constitutional objectives of a by-election as stipulated by article 182(5) of the Constitution of Kenya.
The LSK Boss further petitioned that Kananu cannot be sworn into office without a statutory appointment and that the Speaker of the County Assembly, who is also the acting Governor, does not have constitutional powers to appoint a deputy governor.
The High Court thus moved to halt Kananu’s swearing-in, pending the determination of the petition.
The Kenyan DAILY POST