IEBC ‘not aware’ Igathe resigned

The leadership crisis in Nairobi county government has taken a new twist after the electoral commission said it was not aware of the resignation of Polycarp Igathe from the office of deputy governor.

While responding to a letter by the county assembly clerk and speaker Beatrice Elachi seeking advice on governance of the devolved unit, the commission said it had never received a formal communication of Mr Igathe’s resignation.

The clerk and the speaker had written to the Independent Electoral and Boundaries Commission (IEBC) through lawyer John Diro after Governor Mike Sonko was barred from accessing his office due to a pending graft case. The letter is dated December 18, 2019.

The development throws into disarray an application for an advisory opinion filed at the Supreme Court by Ms Elachi and the clerk seeking clarity on what should happen in the absence of a governor and deputy.

“On the vacancy in the office of the Deputy Governor, Nairobi County, the commission has not received any formal communication as to the alleged vacancy other than information in the media,” IEBC responded in a letter addressed to lawyer Diro.

The letter is signed by Michael Goa, the IEBC director of legal and public affairs and is dated January 9, 2020. Mr Goa responded on behalf of the acting IEBC chief executive officer Marjan Hussein.

The communication means that Mr Igathe’s resignation has never been gazetted to enable the electoral commission declare a vacancy and consequently allow Mr Sonko to replace him.

Since the governor recently nominated Anne Mwenda as his deputy, according to the IEBC the move could mean Mr Sonko wants to have two deputies because Mr Igathe is still the legal office holder.

Mr Igathe left office in January 2018 on grounds that he failed to earn the trust of Mr Sonko to enable him work at the county.

On Mr Sonko’s debarment from office, the commission declined to comment saying only court can guide on the way forward.