Court of Appeal has temporarily stopped the swearing-in of Anne Kananu as Nairobi Governor and the appointment of a Deputy Governor.
According to Court of Appeal Judges Justices Wanjiru Karanja (presiding), Jessie Lessit and Justice Jamila Mohammed, the order shall remain in force until October 22, 2021.
This is the second time the court has halted Kananu’s swearing-in pending case filed by the Law Society of Kenya(LSK) and Kenya Human Rights Commission (KHRC).
A petition file by LSK sought orders mandating a by-election within the 60-days legal timeline as provided for under Article 182 (5).
In January this year, the court directed that the matter be forwarded to Philomena Mwilu to assign the case to a bench of at least three judges.
“Pending further orders of a multi bench and with the view of maintaining the prevailing status quo, a temporary injunction is hereby issued restraining the respondents, their agents and or servants from swearing in as Governor of Nairobi County pending hearing of the application,” reads the court order.
The order came after Kananu took over as Acting Governor from Speaker Benson Mutura who was holding the position following the impeachment of Mike Sonko.
“We have secured a significant victory with the high court temporarily stopping the swearing in and assumption of office of Anne Kananu pending hearing of a petition filed by the KHRC and LSK. The court has just blocked the attempt at illegal subversion of our constitution,” said the Kenya Human Rights Commission.
Activist Okiya Omtatah filed a notice to appeal the decision okaying the vetting of Kananu as another petitioner filed a complaint against Justice Anthony Mrima.
The MCAs, when debating on her suitability to hold the post, said Kananu has proven integrity seeing as her three years at the county’s Disaster and Emergency Management as well as the Water dockets have not been marred by queries.
However, the court dismissed an application by Omtatah to halt the exercise.
According to Justice Mrima, although the case filed and supported by Sonko has legal issues to be determined, they had not proved that they would suffer any loss should Kananu be vetted.
The judge said it is impossible to tell whether the county will reject or approve her and that the court has powers to reverse the process in the event it finds she was not properly nominated.
“The court is called upon to balance the interest of the petitioners and the general public. Given the legal issues remain unsettled, there is wisdom for constitutional bodies to carry out their mandate as the parties battle in court,” ruled Justice Murima.
