Appointment of Nairobi DG Kananu Legal- Court

The decision has effectively dealt a blow to former Nairobi Governor Mike Sonko, and his political career is set for a dramatic end.

Appointment of Nairobi DG Kananu Legal- Court

The High Court has upheld the nomination, vetting and swearing in of Nairobi Deputy Governor Anne Kananu, terming it constitutional.

The ruling was delivered by a 3-judge bench made up of Justice Wilfrida Okwany, Justice Said Chitembe and Justice Weldon Korir.

“The nomination, vetting, approval and swearing in of Kananu as Deputy Governor was constitutional and complied with applicable laws. Consequently, we find that all petitions challenging her ascendancy are without merit and are hereby dismissed,” ruled the court.

The decision has effectively dealt a blow to former Nairobi Governor Mike Sonko, and his political career is set for a dramatic end.

Former Nairobi Governor Mike Mbuvi Sonko. /BUSINESS DAILY

Sonko had rushed to court seeking to have Kananu’s appointment declared null and void, arguing that she was unprocedurally vetted and sworn into office.

The court also dismissed a letter tabled by Sonko which purportedly withdrew Kananu’s appointment.

Kananu assumed office in January following a successful vetting process by the MCAs.

However, Sonko objected to her appointment claiming that he had withdrawn Kananu's nomination in a letter bearing the date December 7, 2020.

The judges ruling observed that a governor's authority is only limited to the nomination of candidates but not approving them. 

“Sonko cannot unilaterally withdraw the nomination of Kananu without the input of county assembly. It violated the separation of powers. We are not persuaded that the nomination was revoked,” Justice Okwany said.

The petitioners had also alleged that there was no public participation in the vetting on Kananu as deputy governor. However, the judges ruled that the nomination of Kananu was publicised through the local dailies where the public was asked to give their views.

"We note that on January 8, 2021 in an advertisement on the Daily Nation, the County Assembly announced the impending vetting of Anne Kananu. It’s our finding that the requirement of public participation was met,” ruled the court.

It was the court’s observation that had the County Assembly rejected the nomination of Kananu as deputy governor, then the IEBC would have been required to hold a by-election.

In the ruling, the judges declared that the impeachment of Sonko did not have any impact on his earlier decision to appoint Kananu as his deputy.

Nairobi Deputy Governor Anne Kananu Mwenda signs documents after her swearing in and Oath of Office at the KICC grounds in January 2021. /DAILY NATION