The latest application by Sonko is an attempt to stop Nairobi County Assembly from vetting and approving Nairobi Disaster Management Chief Officer Anne Mwenda as the deputy governor.
This is in addition to seeking to have appointments done by acting Governor Benson Mutura on Wednesday set aside, accusing him of exercising unlimited powers of an elected governor.
Under a certificate of urgency, Mr Sonko, through his lawyer Harrison Kinyanjui, wants the Nairobi Anti-Corruption court to issue conservatory orders on the two issues he has raised, until the matter is determined.
The former Makadara MP wants any vetting of Ms Mwenda halted arguing that he had revoked her nomination as deputy governor on December 7, 2020.
The Nairobi county boss went ahead to point out that on February 17, 2020 Lady Justice Mumbi Ngugi also stopped the vetting and approval of Ms Mwenda as his deputy governor.
“These orders are in the threat of lifting should the petitioner herein withdraw his petition absent the cross petitioner being heard on this most urgent application. Unless restrained, the assembly is now threatening to unlawfully vet and impose Ms Mwenda as Nairobi deputy governor, hence the necessity of the conservatory orders sought,” Sonko said in his application.
Similarly, he argues that Mr Mutura has no powers to appoint or dismiss any person in the county government.
According to Sonko, appointments of Brian Weke as legal advisor, Paul Mutungi as chief of staff, Jairus Musumba as acting County Secretary and dismissal of Justus Kathenge are unlawful and is in gross violation of Section 32(4) of the county Governments Act.
On the reappointment of Ms Janet Ouko as Education CEC, he argues she cannot be re-appointed into the county’s cabinet as she is not available for such reappointment after he dismissed her from being a CEC.
He argues that Mr Mutura committed illegalities by his actions as the powers to nominate, appoint or dismiss any person in the county government are not available in law to an acting governor as stated in Article 179(5) of the Constitution.
“All the cited appointments are unlawful and in express violation of Section 32(4) of the county Governments Act, necessitating an urgent issuance of conservatory orders to protect the public interest, and stem the rogue and unlawful actions of the said Mr Mutura,” he added in the petition.
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