Nelson Havi, the President of the Law Society of Kenya has insisted that the newly-sworn in Nairobi Governor Anne Kananu Mwenda is illegally in office and as such should not be comfortable in her new position pending a decision on her appointment by the appellate court.
This comes after Kananu was officially sworn in as the third Governor of Nairobi City County on Tuesday in a ceremony held at KICC.
Kananu has been serving as the county’s Acting Governor since the impeachment of Mike Sonko in December 2020.
She will serve as Nairobi Governor for approximately nine months before next year’s general elections.
“She is a product of a non-constitutional and illegal enterprise through some process legitimized through the court process. Both the decision of the Court of Appeal and Supreme Court are not final decisions on the subject of the matter,” Havi said on Citizen TV’s News Night show Tuesday night.
The LSK boss consequently stated that Kananu’s appointment has been marred with multiple irregularities as such there is a likelihood that her ascension to Nairobi’s top seat could be short-lived.
“The question as to whether or not somebody can be designated from the post of Deputy Governor by an acting governor who came into office upon the vacancy created by the governor and by the deputy governor and when a by-election had been put in place can assume office is still pending before the Court of Appeal so the Coast is not clear for her,” said Havi, who has recently announced his aspirations to vie for Westlands MP seat.
While wishing Kananu good luck on her gubernatorial endeavors, Havi reiterated that the petition challenging her appointment needs to be swiftly addressed to ensure that Nairobi can focus on its development agenda ahead of next year’s elections.
Failure to which, he said, it will affect the county’s economical advancements and set a bad precedent for Nairobi residents and the people of Kenya in general.
“It is still beset with so many lacunas and unresolved questions. I am made to understand the Court of Appeal will hear the appeal on which these matters are before it on November 22, 2021 and I say this with a lot of conviction since LSK was one of the petitioners before the High Court and one of the respondents before the Court of Appeal and this matter needs to be pursued to its logical conclusion because it may set a bad precedent,” he said.
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