The under fire Nairobi governor is still breathing fire and vows to reclaim the city from NMS. “There are ongoing deliberations and activities with the lawyers and once they are done, then he will move to court. The governor is concerned with the illegalities being committed in the implementation process,” said Mr Mulwa Governor Sonko’s spokesman.
Among the illegalities cited by Mr Mulwa include the move by Kenya
Revenue Authority to open two new bank accounts, closing those initially operated by the county, as well as locking the county government out of the new accounts. Sonko further claims that the accounts were opened unprocedurally with signatories not known as well as their transactions contrary to the Public Finance Management Act.
Sonko is also against the secondment of military officers to Nairobi in what has been termed as militarisation of Nairobi.
Makueni Senator Mutula Kilonzo Jr said the deed was designed in such way that it has no implementation matrix, an avenue which provides the governor with a legal loophole to wriggle out.
“The implementation matrix was never contemplated in the deed. NMS is neither a parastatal nor government agency, and there are questions why county staff have been seconded there and how it should receive public funds,” Sen Mutula said.
“If I were the governor, I would do nothing and the NMS will collapse on the tilts on which it was precariously erected.” Mutula added.
“In my view, the parties failed by not including Parliament and the assembly in the implementation matrix to ensure no party reneges,”
he said. According to Mutula, the deed dies a natural drath if one party goes against it hence Sonko need not go to court.
Constitutional lawyer Bobby Mkangi agrees in part by Sen Mutula .
“Probably the court might direct that the wrangle might need arbitration to repair it but it will depend on how well Mr Sonko will argue his case with tight grounds,” he said.
On his part lawyer Mr Nzamba Kitonga, thinks otherwise.
“He cannot terminate it individually as it involves many parties including the Assembly, Senate, the State and the public. Although the due process was not followed before signing the Deed, the illegalities will be held
against him.”
At City Hall, the political storm is increasing for Sonko as impeachment bells ring. One of the MCAs privy to the ouster plan say that there is a
watertight plan in place to deal with the governor should he continue interfering with the NMS once the Assembly resumes on June 2.
Nairobi West MCA Maurice Gari has called on President Uhuru Kenyatta to “free them” to do their work if the governor continues with his push and pull. Majority Leader Charles Thuo said no one is interested in impeaching Sonko, but warned that it all depends on how behaves towards NMS.
“Let him review his stand and stop any more disturbance to NMS.But if he continues giving us more headaches then we are going impeach him.
“When he signed the deed, he knew what he was doing, and now we are
just calling upon him to obey what he signed,” said Maurice Gare the ODM MCA.
Mr Mulwa dismissed the ouster calls, saying the process is driven by a few greedy MCAs who have been at loggerheads with the governor for sometime
