Is the way being cleared for Igathe City Hall comeback?
Is the way being cleared for the return of former Deputy Governor Polycarp Igathe to City Hall?
This was the question as the Independent Electoral and Boundaries Commission (IEBC) yesterday declared that it was “unaware” of Igathe’s resignation from the post two years ago.
The decision could pave the way for the return of the corporate guru to City Hall, which is currently facing a crisis following the decision of the High Court to block Governor Mike Sonko from accessing office over graft-related charges.
Sonko’s nominee for the position is yet to be vetted and approved by Members of the County Assembly.
The commission was responding to a letter by Nairobi County Assembly Clerk and Speaker Beatrice Elachi, who were seeking advice on issues related to the governance of the county, particularly the vacancy in the office of the Deputy Governor.
“On the vacancy in the office of the Deputy Governor, Nairobi County, the Commission has not received any formal communication as to the alleged vacancy other than information in the media,” IEBC responded in a letter addressed to a lawyer, John Diro.
Earn trust
IEBC’s move effectively means that there is no vacancy in the office the deputy governor.
This development throws into disarray an application for an Advisory Opinion filed at the Supreme Court by Elachi and the Clerk seeking clarity on what should happen in the absence of a Governor and his\her deputy.
The letter dated January 9, 2020 was signed by Michael Goa, the commission director in charge of legal and public affairs.
The communication means that Igathe’s resignation has never been gazetted so as to enable the electoral commission declare a vacancy and consequently allow Sonko replace him.
Igathe resigned on January 31, 2018 saying he had failed to earn the trust of Governor Sonko to enable him work at the county.
“Dear Nairobians, it is with a heavy heart that I resign my seat as elected Deputy Governor of Nairobi City County... I regret I have failed to earn the trust of the Governor to enable me to drive administration and management of the county...” he said.
Shelve plans
The national government took over key functions of the city county a fortnight ago, in a move initiated by President Uhuru Kenyatta.
Evoking Article 127 of the Constitution, the National government agreed with the Nairobi County government to take over health, transport, planning and development and public works functions.
Reacting to the takeover, Deputy President William Ruto indicated that the President had met IEBC chief Wafula Chebukati and Council of Governors (CoG) chairman Wycliffe Oparanya over the matter.
“The President met with the CoG and IEBC chairs in consultation with other actors to facilitate the agreements signed. All actors should support this effort (to)ensure our city functions,” he tweeted.
It is understood that President Kenyatta and Opposition chief Raila Odinga have prevailed on their troops in the Nairobi County Assembly to shelve their plans to impeach Sonko.
Igathe is currently at Vivo Energy as the executive vice-president in charge of sales across the oil marketing company’s operations in Africa.
It is not clear whether the corporate guru who was favoured by the Mt Kenya business community for the post will be keen to return to the crisis-hit City Hall.
The IEBC letter was filed at the Supreme Court in a case in which the Clerk and Elachi had sought advisory opinion last year after Sonko was charged and barred from accessing his office by the court.
Two weeks ago, the same Commission gave the County Assembly the green light to vet the newly-appointed deputy governor Anne Mwenda, who was nominated by Sonko to succeed Igathe.
In the legal advisory opinion application, Elachi and the Clerk want a clarity on whether the Speaker can assume the governor’s office as per the law with full powers vested in the governor.
Further, the duo wants the superior court to unlock the stalemate between the absence of both the governor and the DG
But in the letter by IEBC, the agency says it cannot comment on the advisory opinion application before court as they have no role in the governance of City Hall.
In court yesterday, lawyer Diro said the IEBC chairman, the Attorney General and the City County Government were yet to file their responses to the application by the Speaker and the Clerk.
The three, who are listed as the interested parties in the application, urged Supreme Court Deputy Registrar Ole Keiwua to grant them more time to file their responses in the suit.
The deputy registrar directed the three interested parties to file and serve their responses within seven days before Thursday next week so that the application can be placed before Chief Justice David Maraga for constitution of a Bench.
