NAIROBI, Kenya Jan 13 – Thirdway Alliance Party has moved to court to stop the vetting of Ann Kananu for the position of Nairobi Deputy Governor and eventually succeeding Mike Sonko who was impeached in December last year.
In a petition, the party’s deputy leader Angela Mwikali wants the Nairobi County Assembly stopped from proceeding with the vetting of Kananu’s nomination on grounds that it would be unconstitutional and illegal.
Mwikali noted that the Nairobi County Assembly would be violating Articles 38 on the right to vote and in contravention of Articles 181 and 182 of the Constitution.
“This Petition questions the ulterior motives of the County Assembly as a political class keen on usurping the sovereign power of the residents of Nairobi county to exercise their democratic right under Article 38 to elect their governor in a democratic process,” she said.
The party argues that at the time the former Governor was ousted, he did not have a deputy and as a result the two positions automatically fell vacant following his ouster in December 2020.
The case was filed on Tuesday amid a spirited campaign by the Jubilee Party and other players to have Kananu sworn in as Nairobi Governor as opposed to a by election.
Last week, the High Court in Nairobi suspended the by-election scheduled for February 18 following cases filed by Sonko.
Sonko argues that he had already withdrawn the letter nominating Kananu and therefore, she can not be vetted to take over as Deputy Governor to succeed him.
Nairobi County Assembly Speaker Benson Mutura is the acting Governor pending the confirmation of a new office holder.
Third Way Alliance, in its suit, insists on the need for a by election for the positions of Governor and Deputy.
Nairobi County Assembly Deputy Speaker Geoffrey Majiwa however, insists that the vetting of Kananu will proceed as planned on Friday.
“That in the circumstances I am advised that the only way for Nairobi County to have a Governor is for the residents of Nairobi to go back to the polls to elect a new governor who will serve the remainder of the term, ending in 2022,” the Thirdway Alliance said, “it is therefore, clear that once a vacancy occurs in the circumstances contemplated under Article 182 (4), an election to the office of county governor is to be held within sixty days after the speaker assumes the office of the county governor.”
Thirdway Alliance Party unveiled exiled controversial lawyer Miguna Miguna as its flag bearer in the mini-poll and is to be deputised by Mwikali.
Deputy President William Ruto has also opposed the move by the Nairobi County Assembly to vet Kananu noting that it was “a backdoor” strategy aimed at denying the city residents the opportunity to elect their new Governor.