Nairobi Governor Mike Sonko will now have to nominate another Deputy Governor after the City Assembly rejected Miguna Miguna’s name.
County Speaker Beatrice Elachi asserted on Tuesday that the Assembly was not in a position to vet Miguna’s nomination since he was a dual citizen.
“Article 78 of the Constitution provides that a person is not elligible for election or appointment for a State office unless the person is a citizen of Kenya,” stated Elachi.
Elachi was also categorical that the vetting and appointment committee which she chairs was not provided with the required statutory documents to enable vetting.
These include clearance such as good conduct certificate from the Criminal Investigation Department, clearance certificate from Higher Education Loans Board, compliance certificate from the Kenya Revenue Authority and clearance from Ethics and Anti-corruption Commission.
“I therefore wish to direct that pursuant to provisions of standing order number one, the name of the nominee for the position of the Deputy Governor for Nairobi City County be referred back to the appointing authority for further validation,” added Elachi.
Speaking to The standard, Elachi had earlier on explained that the county assembly could not vet lawyer Miguna Miguna following his appointment to the position of Deputy Governor because they could not access his documents.
This is a major legal hurdle for the county assembly as Miguna should have been vetted within 14 days after his appointment by Governor Sonko.
Elachi had also revealed that the House was stuck in the first process of trying to access Miguna’s documents, which include academic certificates, professional training and experience, integrity and background information in line with the Appointments Act.
“We are finding it a challenge accessing Miguna’s documents. We need to send them to the various institutions for verification. This has made it difficult for us to move. Our legal team is however trying to see how we are going to go through with it,” stated Elachi.
Members of the county assembly allied to the Jubilee-wing had however not relented on their resolve to block Miguna from being sworn in.
Vice chairman of the Vetting and Appointments Committee, Abdi Guyo had said that Miguna first needed to 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,” he said.
Budget and Appropriations Committee chairman, Robert Mbatia was of the opinion that the former candidate in the gubernatorial race lacked the qualifications to lead Nairobi.
Some MCA’s from the NASA wing such as the Minority Chief Whip, Peter Imwatok and Embakasi Ward Rep, Michael Ogada had however supported Miguna’s nomination saying they would approve him should his name make it to the floor of the house.
This was however on condition that the Jubilee Government cleared all hurdles facing Miguna and allowed him back into the country.
Sonko forwarded Miguna’s name on May 18 for vetting and approval by the county assembly.
In the letter Sonko said that Miguna met all requirements provided for in the Constitution, the Leadership and Integrity Act, the County Government Act and the Elections Act to deputize him.
“I hereby forward my nominee, Lawyer Miguna Miguna to undergo full vetting process and approval by the County Assembly for the position of Deputy Governor,” Sonko’s nomination letter read.
Miguna, however, dismissed the nomination saying it was a malicious distraction.
A vacancy in the position of Deputy Governor was occasioned by Polycarp Igathe’s resignation in January without any clear explanation.