BY SAM ALFAN.
A city Lawyer who petitioned the removal of Nairobi Governor Mike Sonko has been ordered to pay the County boss Sh5000 for causing the adjournment of case.
The case was to be heard today but Boniface Nyamu sought for the adjournment, for the second time.
While asking for the adjournment Nyamu told the court that his advocate was unwell.
In a short ruling, High court judge James Makau said that the application for adjournment was unjustifiable. He, however adjourned the case to August noting this to be a very serious matter.
In his petition Nyamu has cited several grounds for Sonko’s removal among them the recent ban on matatus from the Central Business District.
He has also accused the governor of verbally assaulting a Member of County Assembly, recording private phone calls and refusing to nominate a deputy governor.
In documents filed in court Sonko dismissed the petition and termed lawyer Boniface Nyamu application petition as misuse and abuse of court process.
Sonko responding to an application by the Nyamu who sued the him claiming that he has engaged in various acts of gross misconduct hence a let down to the people of Nairobi.
The governor want the court to dismiss the matter saying that the same constitute generalized anecdotal allegations that are largely hearsay and broadside tales that have not a shred of evidence in the them to sustain either the motion or the petition.
He says that there is no evidence that the Nyamu is registered voter in any polling station within the span of the 17 constituencies comprising the Nairobi City County.
“I also have neither proof nor evidence that petitioner allegedly voted for me during the August 8,2017 general elections contrary to his allegations,” said Governor Sonko.
He added that casting of vote is by law secret and lawyer Nyamu is in on illegal streak alleging that he voted for me without proof “I believe that other than the sensational value of this unsubstantiated allegations it beds no evidential value or weight,”.
” I am surprised at the blanket accusations leveled against me by the petitioner in his affidavit. I assumed the governorship if Nairobi City County at a time its management had ebbed to an extremely low level and its resources been grossly mismanaged. To date I have never received any firm of inquiry from the petitioner on the state of my government’s efforts to provide the Nairobi City County residents with services, ” said Governor Sonko.
The county boss further said Nyamu has shown what efforts if any he has taken to voice any disaffection, dissatisfaction or disappointment with any of the services delivered to the residents of the Nairobi City county.
He added that Nyamu didn’t demonstrate whether he is a property owner in Nairobi, vehicle owner paying parking fee, a service provider, business operator, an employer or a visitor to any of the offices of the county on any given date.
The governor denied allegations that the county government has degenerated in its stature and has not provided any statistical bases , benchmarks or any finding of expertise upon which his allegations can be based as conducive.
Sonko said he has worked closely with all the MCAs within Nairobi County to ensure that all roads and even grabbed roads are opened up, tarmacked and maintained in a reasonable motorable standard subject to the availability of funds.
“I suggest that the court has a locus in quo all avenues and street in the Nairobi CBD. They are all smooth and without potholes. I believe the petitioner has in mind fantastic and imaginary roads when he makes his wild unsubstantiated allegations of the roads within Nairobi City County and the CBD,” added Governor.
He said the lawyer appears ignorant of the division of jurisdiction of roads within Kenya and his diatribe against his government appears to be a misdirected anger against a KENHA.
“The petitioner has no idea of the efforts the county government of Nairobi has so far has made as he has elected to remain ignorant of these efforts by failing to visit our physical offices to make ordinary inquiries or even visiting our website,” said Governor Sonko.
While addressing the allegation on Nairobi traffic , Sonko said the origin and basis of the current traffic congestion is not within his government but of successive previous local government and the national government via the ministry of transport.
He added that the confluence of these past policies has not been address at all, even the petitioner yet he blandly blames his government for failing of previous government and it was unfair and totally reductionist.
The Governor said he has no connection with criminal case and he was not the accused in the matter and the allegation by the lawyer against him is bordering on defamatory material without and any evidence of his alleged involvement.
The Governor dismissed allegations made in the petition claiming he make’s county decision without public participation and provided advertisements by the County government inviting members of the public to participated in the decision of the county affecting them.