Thirdway Alliance Party moved to court on Tuesday, January 12, 2021, seeking to block her vetting, arguing that her vetting subverts the Constitution of Kenya.
Nairobi County Assembly through clerk Edward Gichana is seeking to vet Mwenda on January 15.
“Such a move is illegal and unconstitutional and a blatant violation of Articles 38 on the right to vote and in contravention of Articles 181 and 182 of the constitution of Kenya 2010,” the petition reads in part.
“The Petition challenges the unconstitutionality of the impugned vetting process and subsequent swearing-in of the 2nd Respondent (Mwenda) as the deputy
Governor/governor of Nairobi County,” it adds.
The party pointed out that former Governor Mike Sonko and Polycarp Igathe were elected on a single party ticket on August 8, 2017, and upon the resignation of the latter, the court allowed for Sonko to run the county without a deputy.
His impeachment, Thirdaway Alliance argues, scrapped off any nominations by Sonko, as Mwenda was blocked from vetting up until the former governor’s ouster.
The party further argued that after Mutura’s swearing-in as acting governor, only a newly elected governor can take over, and after the 60-day period.
“That once a vacancy occurs in the circumstances contemplated by article 182 of the Constitution of Kenya, clause (4), an election to the office of county governor is to be held within sixty days after the speaker assumes the office of the county governor.
“That a person who assumes the office of county governor under Article 182(4) shall unless otherwise removed from office under the Constitution, hold office until the newly elected county governor assumes office following the next election held under Article 180 (1),â€ the party argued.
Thirdway Alliance petitioned that the Independent Electoral and Boundaries Commission be allowed to conduct by-elections after an earlier petition by Sonko had the date suspended.
However, Sonko has since dropped the petition, but the by-election date is yet to be determined.
The petition by Thirdway Alliance comes after a similar application by Sonko and activist Okiya Omtatah.