Speaker Mutura sworn-in as Acting Nairobi Governor

Nairobi County Assembly Speaker Benson Mutura has been sworn-in as the county’s acting Governor.

He was sworn at by Judge Jairus Ngaah, at City Hall, Nairobi.

Mutura said that his first order of business would be to bring back on track the delivery of crucial services that have stalled-due to lack of funds occasioned by the failure of former Governor Sonko to assent to the finance Bill.

He was to be sworn in last week but the event was postponed, after the presiding judge failed to show up on time.

As per the law, oath or affirmation of a governor shall be administered between 10.00 am and 2.00 pm.

Mutura will be assuming the role of the governor in an acting capacity for 60 days, following Mike Sonko’s impeachment on Thursday.

Sonko was impeached by the county assembly over charges of abuse of office, a gross violation of the law, committing a crime under the national and international laws and lacking the capability to run the county.

Senate Speaker Kenneth Lusaka gazetted Sonko’s impeachment in less than an hour of his removal.

"On Thursday, December 17, 2020, the Senate resolved to remove Hon. Mike Mbuvi Sonko, the Governor of Nairobi City County, from office, by impeachment," read a gazette notice signed by the speaker.

**Nairobi Speaker Benson Mutura during his swearing-in as the acting Nairobi Governor.** [Josphat Thiong’o, Standard]

What the law says

In article 182 of the Constitution of Kenya, clause (4) says if a vacancy occurs in the office of county governor and that of deputy county governor, or if the deputy county governor is unable to act, the speaker of the county assembly shall act as county governor.

“If a vacancy occurs in the circumstances contemplated by clause (4), an election to the office of county governor shall be held within sixty days after the speaker assumes the office of the county governor.”

“A person who assumes the office of county governor under this Article shall, unless otherwise removed from office under this Constitution, hold office until the newly elected county governor assumes office following the next election held under Article 180 (1).”

Given that Nairobi County currently has no deputy governor, the speaker will serve for the next two months, as the Independent Electoral and Boundaries Commission (IEBC) sets a date for a by-election.

Nairobians will then go back to the polls to elect a new governor who will serve the remainder of the term, ending in 2022.