The High Court has declined to issues orders barring the Nairobi County Assembly from vetting Anne Kananu Mwenda.
On Friday morning, Justice Anthony Mrima dismissed two applications filed by activist Okiya Omtatah and another, paving way for Nairobi ward reps to vet Kananu for deputy governor.
Justice Mrima had set the ruling time on whether to stop the process at 8 am today before County assembly sessions kicks off.
This is after the hearing of two applications filed by activist Okiya Omtatah and Habil Kongo (an aspiring governor) challenging Kananu’s vetting slated to take place Friday.
Omtatah has asked the court not to allow the vetting to take place.
He had asked the court to declare Kananu ineligible to be vetted, appointed, or sworn into office as the Deputy Governor of Nairobi City County and, subsequently, as the governor.
He wanted the IEBC compelled to announce a vacancy in the office of the Deputy Governor of Nairobi City County.
The activist told the court that under the Constitution, Kananu cannot be Deputy Governor, and definitely not the Governor, since she never assumed office when Nairobi had a Governor.
“The Constitution contemplates a holder of the office of a Deputy Governor, who is in office when the vacancy occurs, and not any other person, to assume office where a Governor ceases to hold office. Kananu was not, and is not, the holder of the office of a Deputy Governor,” he said.