Handshake Operatives Differ With Lawyers Over Bid To Have Speaker Mutura Act Until 2022
BY ALLAN OTIENO
As Independent Electoral and Boundaries Commission grapples with time to conduct the Nairobi gubernatorial by-elections, it has emerged that there is a clique of handshake operatives who are burning the midnight oil to have speaker Ben Mutura act as Nairobi Governor until 2022 .
According to sources privy to the clique, they are avoiding the by-election that could be marred by division ahead of the referendum.
‘’Nairobians should expect any outcome but before a by-election we must pull some strides to see whether Mutura can act until 2022.’’ An operative told Ghetto Radio News.
But according to constitutional lawyer Shadrack Wambui the law does not permit the speaker to perform certain crucial functions as acting governor.
‘‘Immediately the governor was impeached all his administration including the CECs stood impeached and the law does not permit the acting governor to perform some duties which includes firing and hiring of the CECs ..this may complicate the matrix,’’ Wambui says.
‘‘Supreme court has mentioned in an advisory opinion that the speaker having so assumed the office of the governor can also not appoint the deputy governor so it will be difficult.’’ Wambui added.
According to Independent Electoral and Boundaries Commission (IEBC) the by-election will be held on February 18, 2021 ..
In a gazette notice, IEBC Chairman Wafula Chebukati directed political parties intending to participate in the by-election to submit the names of the candidates contesting in party primaries and the dates of the nominations before today December 28, 2020.