County Assembly Speaker Beatrice Elachi yesterday clarified that she asked Nairobi Governor Mike Sonko to follow the right procedures in notifying her of the nomination of Miguna Miguna as deputy governor.
Ms Elachi had denied receiving a letter communicating Miguna's nomination but acknowledged it had been delivered to her office by Miguna’s lawyer, Cliff Ombeta.
“I have not formally received a letter from Governor Mike Sonko nominating Miguna but I have taken up the issue with the governor and he is working on it,” she stated.
The Speaker said she sent the letter back to the governor’s office since it had not followed the right procedure. This, she said, could attract legal consequences.
“Anyone can take me to court on account that I irregularly received and accepted the letter. That is why I returned the letter and asked him to follow the right channel.”
The law dictates that once the governor has nominated a deputy, he should forward the letter of nomination directly to the Speaker, who should in turn forward it to the clerk to present it in the assembly.
Elachi was however quick to note that even if Miguna’s nomination was regularised, Jubilee Party had to clear Miguna as provided for by the Political Parties Act 2012.
Citing Nyeri County, which had set a precedent, Elachi said the same procedure would apply for Nairobi where the deputy would have to come from the ruling party.
“The only issue is that Miguna vied as an independent candidate and there is no law allowing him or anyone else to just walk into a political party. You have to go through the procedures of the party."
But the leadership of the County Assembly Vetting and Appointment committee vowed to reject Miguna’s nomination should his name make it to the floor of the House for consideration.
Leader of Majority and committee vice-chairman Abdi Guyo reiterated Elachi’s sentiments, adding that Sonko had broken party rules.
"The governor has flouted the law because our party's constitution is very clear that he cannot nominate someone who is not a member of Jubilee,” he said.
Mr Guyo, who also doubles up as Matopeni MCA, observed that the self-declared National Resistance Movement general needed to first regularise his citizenship before vetting.
“Miguna is going nowhere! The governor did not consult us and we are waiting for the name to come to the floor of the House so we can reject it.”
Ziwani MCA Millicent Mugadi, who is also on the committee, termed Miguna’s nomination "an award winning movie".
Expressing surprise at the development, Ms Mugadi said Miguna had a lot to prove before he could be cleared to hold the second highest office in the county.
“It is a very confusing time for everybody and the inclusion of Miguna in the leadership presents a very interesting cocktail. With the characters in Government, we will either work to deliver or entertain the public to distract them from service delivery,” she said.
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But Opposition Minority Chief Whip Peter Imwatok hinted at approving Miguna’s nomination on condition that the Jubilee administration cleared all the problems facing him and allowed him back into the country.
Embakasi ward rep Michael Ogada, also a member of the Opposition, expressed support for Miguna’s nomination and said it was a step towards ensuring national reconciliation.
“If Miguna’s name makes it to the assembly, we will approve it. Anyone doubting that he is Kenyan is wrong because his mothertongue is proof enough,” he said.