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Miguna’s approval by City Assembly pushed back by legal hurdles

By Josphat Thiong'o | Published Wed, June 13th 2018 at 00:00, Updated June 12th 2018 at 23:28 GMT +3
Nairobi City County Speaker Beatrice Elachi. [Elvis Ogina/Standard]

Governor Mike Sonko will now have to nominate another person to the position of deputy governor after MCAs rejected Miguna Miguna.

Speaker Beatrice Elachi (pictured) yesterday said the county 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 eligible for election or appointment to a State office unless the person is a citizen of Kenya,” stated Elachi.

Earlier, Elachi had said the assembly could not vet Dr Miguna because they were unable to access his documents. She said Miguna, who lives in Canada, was unreachable.

Elachi was also categorical that the Vetting and Appointment Committee, which she chairs, was not provided with the required statutory documents to enable vetting. She had said the House was still 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,” she said.

Mrs Elachi said the hitches would see tabling of the name pushed forward to give time to the legal department to come up with a solution. “It probably will not happen this week or it might happen, but I'm not sure how we are going to manage it. Let the legal department advise us then we can act,” she added.

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Sonko forwarded Miguna’s name on May 18 for vetting and approval by the county assembly.

Miguna, the self-declared NRM general, was denied entry into the country early this year over issues with his passport. The Government was also unhappy with his role in the ‘swearing in’ of opposition leader Raila Odinga as the ‘people’s president’ on January 30.

At the same time, Jubilee MACs have vowed to block Miguna from being sworn in. Abdi Guyo, the vetting and appointments committee vice chairman, said Miguna must first regularise his citizenship before he can be vetted. “Miguna is going nowhere. The governor did not consult us. We will reject him,” Guyo said.

Budget and appropriations committee chairman Robert Mbatia also opposed Miguna's nomination.

Some opposition MCAs, minority chief whip Peter Imwatok and Embakasi MCA Michael Ogada, however, supported Miguna’s nomination, saying they would approve him should his name make it to the floor of the House.

In his letter to Elachi, Sonko said he nominated Miguna because he met all requirements of the Constitution, the Leadership and Integrity Act, the County Government Act and the Elections Act to be the city's deputy governor.


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