Nairobi Governor's Mike Sonko nomination of Anne Kananu Mwenda as deputy governor has not been met with enthusiasm by the country's top prosecutor.
Hours after announcing his nomination of Anne Kananu Mwenda to the deputy governor post as he fights off Sh357 million graft case, the Director of Public Prosecutions Noordin Haji fired back saying he had violated his bail terms.
Kananu is a chief officer in the Sonko administration in charge of disaster management and one of the most powerful figures at City Hall.
Questions have emerged over whether the embattled governor has the powers to execute the decision after High Court barred him from accessing his office until his graft case is heard and determined.
In a letter to Speaker Beatrice Elachi, Sonko said he took the action in line with the advisory of the Supreme Court regarding the nomination of a deputy governor.
“The complexity of the situation in Nairobi became more intricate following my arraignment in court, and the subsequent bail terms that among other things, require me as governor, to stay out of office until the determination of the matter and the interest of ensuring stability at the county I do make the nomination,” Sonko wrote.
Sonko, who is charged with 19 counts of corruption-related charges, was in December last year barred from accessing his office until his case is heard and determined.
But Haji described Sonko's move as null and void.
“It is an acceptable. We are going to court on Wednesday or Thursday. We will seek court orders to review his bail terms. He cannot purport to make the nomination until his case his heard and determined as per the High Court ruling,” said the DPP.
But Senate Majority Leader Kipchumba Murkomen who was among the governor’s lawyers, defended the move saying it was not in violation of the bail terms.
Haji had in December moved to court to protest a decision by Samburu governor Moses Lenolkulal accusing him of violation of his bail terms by reshuffling his Cabinet, saying it was against the ruling by Judge Mumbi Ngugi.
The Samburu County boss who was also accused of corruption charges reshuffled his cabinet on December 13.
He also barred from accessing his office. The other victim of the ruling which has been upheld by the Court of Appeal is Kiambu governor Ferdinard Waititu.
But even as Sonko made the drastic action, his fate could be determined on Tuesday as the County Assembly meets for the Speaker’s Kamukunji to discuss the leadership crisis facing the city.