By Mourice Seretta
A voter on Wednesday moved to court with prayers that former Nairobi Deputy Governor Polycarp Igathe is sworn in as Nairobi County Governor.
The Voter identified as Patrick Kiiru says that Igathe who resigned few months after taking office as deputy governor did not formally communicate his resignation to the Independent Electoral and Boundaries Commission (IEBC).
“There being no vacancy in the office of the Deputy Governor, Igathe ought to have assumed office for the remainder of the governor’s term as contemplated under Article 182(2) of the Constitution,” argues Kiiru.
Kiiru further argues that Igathe who is currently the Vice President in charge of Sales and Marketing in Vivo Energy Africa did not communicate to the County Speaker about his resignation as required by law, hence the seat is not vacant.
According to Article 182(1)(b), the resignation letter should be in “addressed to the speaker of the county assembly”. However, Igathe’s resignation letter was addressed to the governor.
Igathe was elected to the position of Deputy Governor Nairobi City County in the 2017 general elections on the Jubilee political party ticket, as Mike Sonko’s running mate.
He resigned in a huff on January 12, 2018, citing lack of trust from his boss.
This comes after former Governor Mike Sonko was impeached and his seat taken by Speaker of Nairobi County Assembly Benson Mutura in acting capacity pending a by-election.
However, Sonko moved to court and obtained orders suspending the by election slated for February 18th.
The High Court suspended the Gazette notice by IEBC calling for the Nairobi by-election following a case by impeached Governor Mike Sonko.
In a ruling on Monday, Justice Anthony Mrima temporarily stopped the mini poll slated for next month on the basis of Sonko’s petition challenging the process that led to his ouster late last year.