BY SAM ALFAN.
A city lawyer has suffered a major blow after his petition seeking to declare Nairobi Governor Mike Sonko unfit to hold the office, was dismissed.
Boniface Nyamu had also faulted Governor Sonko over failure to appoint his deputy.
But Justice James Makau dismissed the petition saying the court doesn’t have jurisdiction to hear and determine the case.
“This court does not have jurisdiction to hear and determine this petition and it is hereby dismissed,” ruled judge Makau.
He filed a petition in court seeking to have Nairobi Governor removed from office, arguing that he is unfit to hold the said office.
He claimed that Sonko assaulted an MCA, records private phone calls and has declined to nominate a deputy governor claiming he should pave way for fresh gubernatorial elections in Nairobi County.
He sought orders to restrain the city boss from transacting any business on behalf of the county government, pending hearing and determination of the petition.
The petitioner claimed that the governor has engaged in different acts of gross misconduct that are insulting to the people of Nairobi and violated the obligation conferred to him as the duly elected governor of Nairobi.
“The actions of the Governor have gravely and adversely affected the constitutional right and interest of the city residents who elected him,” says Nyamu.
Governor Sonko dismissed a petition by a city lawyer seeking to declare him as unfit to hold public office and bar him from performing his constitutional duties as the county boos.
Sonko termed lawyer Boniface Nyamu application petition as misuse and abuse of court process.
Sonko while 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 through lawyer Harrison Kinyanjui urged 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.