BY PHOEBE WANJOHI.
Impeached Nairobi Governor Mike Sonko has moved to court seeking to stop the acting Governor Benson Mutura from making illegal appointment at city hall.
Sonko says Mutura lacks powers to make any appointments, especially after he made changes to the cabinet.
“An injunction be issued prohibiting Acting Governor Benson Mutura from holding himself out as the substantive Governor of Nairobi City County from his carrying on, or representing in any manner or in any fora that he is executing the mandate current of the substantive Governor,” Sonko said in the petition.
The former city boss wants order issued prohibiting any execution or further execution of the decision by Mutura as contained in his letter dated January 6 in which he made the changes.
Through lawyer Harrison Kinyanjui, Sonko says the letter by Mutura purporting to reappoint Janet Ouko as City County CEC was illegal having been dismissed.
“In the circumstances, it is plain that unless restrained court by way of a conservatory order Mutura will wreak havoc in the governance of Nairobi City County in the acting capacity of a Governor he is occupying,” he added.
Sonko argues that Mutura violated the County Governments Act, which expressly forbids him from exercising any of the powers of an elected governor.
He said the powers to nominate, appoint or dismiss any person in the County government are not available in law to Mutura.
Sonko also faulted the dismissal the Nairobi City County Secretary Justus Kathenge and the simultaneous appointment of Jairus Musimba.
He said Mutura is exposing the Nairobi City County Government to massive illegalities.
“Further to the above, the said Hon. Benson Mutura has purported to appoint one Paul Mutungi as a chief of Staff, when he has no such powers while simultaneously purporting to appoint one Brian Weke as a Legal Advisor, Office of the Governor,” he said.
Sonko maintains that the appointments are unlawful and in express violation of Section 32(4) of the County Governments Act.
He wants the court to issue urgent orders stopping the appointments, to protect the public interest, and stem the rogue and unlawful actions of the acting governor.
He said barely a few minutes after he was sworn in as the Acting Governor, Mutura also signed warrants for the release of the entire sum of Sh37.5 billion to Nairobi Metropolitan Services, despite a court order stopping the release of the funds.