Nairobi Governor Mike sonko has declared a letter going rounds on social media in which he nominates a deputy governor to continue delegating county duties after being charged with corruption.
In the letter which was first posted on twitter by former Kakamega Senator Boni Khalwale, Hon. Simon Mbugua is said to have agreed to relinquish his East Africa Legislative Assembly seat in order to take on the duties of Nairobi County Deputy Governor.
However, Nairobi County Assembly Speaker Beatrice Elachi is likely to take over as the Governor a move which could also trigger a byelection inNairobi as the Speaker can only act for a period of 60 days.
According to the constitution, article 182(4) if a vacancy occurs in the office of a county Governor and that of the Deputy Governor or if the Deputy County Governor is unable to act , the speaker of the county assembly then act as the 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.
This means Sonko has to step aside the Nairobi Governor during his trial just like it has happened with Samburu Governor Moses Lenolkulal and Kiambu Governor Ferdinand Waititu
Justice Ngugi’s ruling was challenged and is still in court.
