By 
The planned Nairobi Gubernatorial by-election has run into another headwind with three petitioners averring that there is no vacancy in the governor’s office.
The petitioners argue that impeached Governor Mike Sonko’s running mate Polycarp Igathe never officially tendered his resignation and hence should, according to the Constitution, be allowed to complete the remainder of Sonko’s term.
The petitioners Paul Kados Kaguath who is a member of Nairobi County Assembly, Evans Oruenjo an advocate and Patrick Mwangi Kiiru argue that there is no vacancy as such in the office of Nairobi County Governor.
In their separate petitions, they stated that the gazette notice declaring the Nairobi gubernatorial seat vacant and the subsequent planned by-election on February 18th was premature as Polycarp Igathe who was elected alongside Mike Sonko as the latter’s deputy had not officially resigned.
They stated that Igathe’s resignation stemmed from reports in the media in 2918 and that neither the Independent Electoral and Boundaries Commission nor the Nairobi County Assembly had received his formal resignation.
They stated that the constitution stipulates that should the office of the county governor fall vacant, the deputy takes over for the remainder of the governor’s term.
Sonko has also gone to court to stall the by-elections seeking to fault Senate for endorsing his impeachment by the Nairobi County Assembly.
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