Nelly
Member
The planned swearing in of Nairobi County Assembly Speaker Benson Mutura as acting Nairobi County Governor has been postponed.
This is after the judge assigned to preside over the taking of oath of office arrived late for the ceremony.
According to the law, such an event should be performed between 10am and 2pm. However, the judge arrived a minute past 2pm resulting in the cancellation of the event.
Despite spirited attempts to convince the judge to administer the oath, he declined saying his action thereof could be challenged in court as he would be going against the provisions of the law.
A new date for Mr Mutura to take oath of office will be announced later.
The former Makadara MP was to be sworn in as acting governor after Senate Speaker Ken Lusaka gazetted the impeachment of Governor Mike Sonko on Thursday.
This was after senators voted to have him removed from office upholding the resolution by Nairobi MCAs to oust him.
Abuse of office
Mr Sonko was facing charges including on abuse of office, gross violation of the Constitution and any other law, dross misconduct and crimes under national law, grounds which will eventually see him impeached.
This paved the way for the swearing in of Mr Mutura as acting governor with Nairobi County having no deputy governor since the resignation of Polycarp Igathe in January, 2018.
Article 182 (4) of the Constitution 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 with an election to the office of county governor being held within sixty days after the speaker assumes the office of county governor.
When eventually sworn in, Mr Mutura will hold the position for 60 days before Nairobi City’s 2,250,853 registered voters spread across 3,378 polling stations go to the polls in mid-February to elect a substantive governor.
“Pursuant to Article 181 of the 2010 Constitution section 33 of the County Governments Act, 2012 and standing order 75 of the Senate Standing Orders, on Thursday December 17, 2020, the Senate resolved to remove Mike Sonko, the Governor of Nairobi County, from office by impeachment,” read the gazette notice by Speaker Kenneth Lusaka.
This is after the judge assigned to preside over the taking of oath of office arrived late for the ceremony.
According to the law, such an event should be performed between 10am and 2pm. However, the judge arrived a minute past 2pm resulting in the cancellation of the event.
Despite spirited attempts to convince the judge to administer the oath, he declined saying his action thereof could be challenged in court as he would be going against the provisions of the law.
A new date for Mr Mutura to take oath of office will be announced later.
The former Makadara MP was to be sworn in as acting governor after Senate Speaker Ken Lusaka gazetted the impeachment of Governor Mike Sonko on Thursday.
This was after senators voted to have him removed from office upholding the resolution by Nairobi MCAs to oust him.
Abuse of office
Mr Sonko was facing charges including on abuse of office, gross violation of the Constitution and any other law, dross misconduct and crimes under national law, grounds which will eventually see him impeached.
This paved the way for the swearing in of Mr Mutura as acting governor with Nairobi County having no deputy governor since the resignation of Polycarp Igathe in January, 2018.
Article 182 (4) of the Constitution 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 with an election to the office of county governor being held within sixty days after the speaker assumes the office of county governor.
When eventually sworn in, Mr Mutura will hold the position for 60 days before Nairobi City’s 2,250,853 registered voters spread across 3,378 polling stations go to the polls in mid-February to elect a substantive governor.
“Pursuant to Article 181 of the 2010 Constitution section 33 of the County Governments Act, 2012 and standing order 75 of the Senate Standing Orders, on Thursday December 17, 2020, the Senate resolved to remove Mike Sonko, the Governor of Nairobi County, from office by impeachment,” read the gazette notice by Speaker Kenneth Lusaka.
