In Summary
  • Mr Keiwua said the advisory “does not act as a stay of any duties or obligations sought for clarification.”
  • “Therefore the reference filed in the Supreme Court of Kenya should not be visited upon by any party to act as a stay of their duties,” Mr ole Keiwua said in the correspondence dated February 7, 2020 sent to Mr Sonko’s lawyer Joseph Kiarie.

The Supreme Court on Friday clarified that the advisory opinion filed before it by the Speaker to the Nairobi County Assembly is not a bar to Governor Mike Sonko from discharging is constitutional functions.

Through the Deputy Registrar Daniel Keiwua , the court has further clarified that it hasn’t given any orders restraining the appointment of Ms Anne Kananu Mwenda as deputy governor.

In the communication sent to Sonko's lawyer, the Chairman of the Independent Electoral and Boundaries Commission Wafula Chebukati and the Nairobi County Assembly Clerk, Mr Keiwua said "the court has not given any directions on an advisory opinion filed by the Speaker to the Nairobi County Assembly”.

Mr Keiwua further said the advisory “does not act as a stay of any duties or obligations sought for clarification.”

“Therefore the reference filed in the Supreme Court of Kenya should not be visited upon by any party to act as a stay of their duties,” Mr Keiwua said in the correspondence dated February 7, 2020 sent to Mr Sonko’s lawyer Joseph Kiarie.

Mr Kiarie had written to the Registrar of the Supreme Court on February 3 seeking clarification whether the petition by the Speaker stopped or barred any office, commission, authorities to perform its duties as stipulated by the law.

Mr Keiwua has said the court not made any decision about the appointment of the Deputy Speaker Ms Ann Kananu Mwenda.

The petition is slated for March 5 for further directions. The court directed all the parties to file evidence within 21 days.

In the petition. the speaker is seeking an advisory opinion from the Supreme Court regarding a lacuna in the law in the absence of both the governor and the deputy.

In a petition filed at the apex court by the assembly’s advocate John Diro, the Assembly wants the court to give direction whether there is a vacuum in the office of the governor and whether Governor Mike Sonko can appoint a deputy in the current circumstances.

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