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BY NAMULONGO PETER,NAIROBI,18TH JAN,2021-The High Court has temporarily stopped the swearing in of Anne Kananu Mwenda as Nairobi Governor pending the hearing of a petition filed by the Law Society of Kenya (LSK) and Kenya Human Rights Commission (KHRC).
The court has directed that the matter be forwarded to the acting Chief Justice Philomena Mwilu who is expected to assign the case to a bench of an un-even number of at least three judges.
“Pending further orders of a multi bench and with the view of maintaining the prevailing status quo, a temporary injuction is hereby issued restraining the respondents, their agents and or servants from swearing in as Governor of Nairobi County pending hearing of the application,” reads the court order.
The order comes after Kananu on Monday took over as Acting Governor from Speaker Benson Mutura who was holding the position following the impeachment of Mike Sonko.
“We have secured a significant victory with the high court temporarily stopping the swearing in & assumption of office of Anne Kananu pending hearing of a petition filed by the KHRC & LSK. The court has just blocked the attempt at illegal subversion of our constitution,” said the Kenya Human Rights Commission.
Addressing the press on Monday morning, Kananu said a committee is currently working on the process for her to be sworn in as Governor for Nairobi County.
“We have the Assumption (of the Office of Governor) Committee that is working on the process. Once the process is done we will communicate,” she said.
Anne Kananu was hurriedly vetted and sworn in as Deputy Governor on Friday last week eliciting mixed reactions among Kenyans, political parties, activists and lawyers alike questioning the legality of the process.
Law Society of Kenya President Nelson Havi told Citizen TV that “the swearing in of Anne Kananu amounts to a coup upon the constitution. We are going to court.”
The Thirdway Alliance political party, which has already filed a case against Kananu, has since condemned the process terming it illegal and one that is a clear affront to the rule of law.