The planned swearing-in of Acting Nairobi County Governor Benson Mutura has hit a rocky path after reports emerged that he is unqualified for the position.
According to reports from a section of media, the Nairobi County Assembly Speaker does not meet the minimum requirements to be the acting governor.
The EACC has raised a red flag about Mutura’s qualifications throwing State House into further confusion with reports indicating that he does not have a degree, which is a Constitutional requirement for one to become a Governor.
Several leaders have also expressed similar sentiments, with Narok Senator Ledama Olekina saying that Nairobi County is in a historic mess.
“It’s about to get Nasty! So the speaker does not have a degree? He can’t act as Governor that’s the law #SonkoIMpeachment and NMS can’t draw money directly from the treasury,” says Olekina.
— Sen. Ledama Olekina (@ledamalekina) December 19, 2020
This new development has emerged even as the ceremony was on Friday postponed.
And with Deputy Governor Polycarp Igathe having resigned from his position, the options available for State House are now limited.
Yesterday on Friday, the swearing ceremony was canceled after the judge who was to preside over the event arrived late.
“The Constitution stipulates that the exercise be conducted from 10 am-2 pm,” the Assumption of Office Committee Chairperson Justus Kathenge said on Friday, December 18.
According to reports, the ceremony was postponed when the Speaker, who was supposed to take the oath of office, and MCAs were already seated in the chambers.
Mutura was to be sworn in the acting capacity for a period of 60 days after the impeachment of Mike Sonko on Thursday night, December 17 by the Senate.
“If the Speaker of the County Assembly of Nairobi has no degree, he is not qualified to act as governor: that’s the requirement under section 22 of the Elections Act,” says lawyer Omwanza Ombati.