Two in Court to Block Resignation of Polycarp Igathe as Nairobi Deputy Governor

The resignation of Polycarp Igathe as Nairobi Deputy Governor has been challenged in court by two voters. In a petition filed at Milimani Law Courts on Tuesday, Somin Kokoyo and Javan Owala are seeking to have Igathe’s resignation declared null and void.

They further want the court to issue a declaration that Nairobi County Executive Committee is not properly constituted, due to a vacancy in the Office of the Deputy Governor.

The two also argue that a vacancy in the Office of a Deputy Governor is not provided for in the Constitution.

“The continuous undermining of the constitutional role of deputy governor sets a dangerous precedent to the rule of law, constitutionalism and is an upfront to the spirit of devolution in Kenya,” the two say in their affidavit.

They also claim that his resignation has put Nairobi County into a leadership crisis and the rights of Nairobi residents under Article 38 will be prejudiced, since a vacancy in the office of the Deputy Governor will negatively impact the operations of the Governor.

“The constitution stipulates that a governor and his deputy are elected on a joint ticket. There cannot be a vacancy in the office of a Deputy Governor,” they add.

It is also their view that Sonko and Igathe publicly entered into a social contract with the people of Nairobi during the August 8th,2017 elections. In the said contract, they say, Igathe was tasked with handling administrative functions of the county, while Sonko was tasked with handling political affairs.

Igathe tendered his resignation on January 12th citing failure to earn the trust of Governor Sonko to enable him run the county.

He formally vacated office on January 31st.