Former Deputy Governor Polycarp Igathe photo
Ex-Nairobi Governor Mike Sonko and Ex-deputy Governor Polycarp Igathe. FILE

New Nairobi acting Governor Anne Kananu wants the former Deputy Governor Polycarp Igathe to deputise her.

Igathe went the court to determine whether his resignation was formalised or he gets back his job.

He recognised that he resigned in January 2018. However, according to the acting Governor Anne Kananu and Speaker Benson Mutura, his resignation was not formal.

Igathe now wants the court to recognise if the city hall followed the due resignation process.

In an affidavit, Igathe added that his letter of resignation was not acknowledged by the speaker of the Nairobi City County Assembly. The affidavit was dated January 12 and made available on Wednesday.

“The legal effect of the failure to formalise or recognise my resignation and the failure by Nairobi County or any public institution to conduct any legal formalities to conclude my resignation is a matter to be determined by the court,” he said.

Igathe was also reacting to a case in which a Nairobi voter - Patrick Kiiru - is questioning the Nairobi gubernatorial by-election scheduled for February 18.

Anne Kananu

Kiiru says the Independent Electoral and Boundaries Commission has no right to call a by-election to fill the vacancy in the office of the governor, especially when there is a deputy governor in place.

A by-election would be a messy affair, with victors holding office for only a short time.

He says Igathe should automatically take over as his resignation was never published to the electoral agency.

The case is to be heard on Wednesday before Justice Weldon Korir.

“The impending by-election as gazetted by the Independent Electoral and Boundaries Commission is premature and unconstitutional,” Kiiru said.

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