Nairobi County Speaker Beatrice Elachi is likely to take over as Governor at City Hall following the expected arrest and graft case of Mike Sonko.
Sonko was on Wednesday granted Sh15 million cash bail or Sh30 million bond.
Anti-Corruption Chief Magistrate Douglas Ogoti in his ruling also barred Sonko from accessing his office saying the county boss can be escorted to pick his belongings from City Hall.
This move could also trigger a by-election in Nairobi as the Speaker can only act for a period of 60 days.
Last Friday, while announcing the decision to have Sonko arrested, Director of Public Prosecutions Noordin Haji gave an indication that he would seek to have the governor barred from accessing his office.
The DPP successfully managed to have Governors Ferdinard Waititu (Kiambu) and Moses Lenolkulal (Samburu) barred from accessing their offices.
This has led to deputy governor James Nyoro taking over in Kiambu causing a political nightmare for Waititu and his government.
In Nairobi, Sonko has failed to appoint a deputy governor since Polycarp Igathe resigned on January 12, 2018.
Igathe said that it had become difficult to earn the trust of his boss and his stay at City Hall was no longer tenable.
The only fall back now for Nairobi if Sonko is barred from accessing his office is the Constitution which stipulates what should happen in the absence of a governor and deputy governor.
Article 182 (4) states that if a vacancy occurs in the office of county governor and that of deputy county governor, or if the deputy county governor is unable to act, the speaker of the county assembly shall act as county governor.
“If a vacancy occurs in the circumstances contemplated by clause (4), an election to the office of county governor shall be held within sixty days after the speaker assumes the office of county governor,” Article 182 (5) states.
In July, Justice Mumbi Ngugi ruled that the governors charged with economic crimes will not be allowed to resume their offices as they continue with their trials.
Justice Ngugi’s ruling was challenged and is still in court.
Justice Ngugi pointed out that she considered the implications of directing that the applicant does not access his office and quoted the County Government Act that provides for the deputy governor as a substitute.
Sonko has not appointed his deputy citing that he was waiting for the Parliament to pass pending legislation.
The governor recently said that he was likely to pick a female as his deputy once the Parliament pass pending legislation.
“I shall only be ready to fill the Deputy Governor position once the legislation pending in Parliament on nomination and appointment of Deputy Governor has assented into law,” he stated.
Sonko dismissed an appeal from a Nairobi resident asking him through the national dailies to appoint him as the deputy governor.
Sonko said that the seat was set for a woman, yet the applicant was a man.
Nairobi Governor Mike Sonko on Wednesday rejected a public appeal by a man, through national dailies, to be his deputy, because he was not a woman.
He has been severally asked to end a one-man-show affair in the county by Nairobi Senator Johnson Sakaja and appoint his deputy.
In November, the governor appeared before the Ethics and Anti-Corruption Commission and later said the sermon was a political witch-hunt in the current investigation against him.
Nairobi Governor Mike Sonko accused the Ethics and Anti-Corruption Commission of a political witch-hunt in the current investigation against him.
Sonko who appeared before the EACC headquarters at Integrity Centre yesterday said the anti-graft agency was trying to remove him from office.
Addressing the media after spending almost four hours inside the centre, Sonko said the decision by EACC to summon him thrice within three months was malicious.
