The embattled Nairobi County Governor Mike Sonko on Wednesday 18 December urged the court cancel orders barring him from accessing his office.
The City-county Governor represented by lawyer Harrison Kinyanjuu faults anti-corruption chief magistrate Douglas Ogoti for unlawful and unconstitutionally acted as an Election Court, tried to shorten his lawful tenure as governor.
Magistrate Ogoti on 11 December ordered the Nairobi County chief, currently facing a Sh380 million graft charges, not to set foot in his office until the case is done.
Ogoti’s directive barring Sonko from accessing his office was one of the conditions of being given a Sh15 million cash bail.
Sonko also claims that Ogoti’s decision violates his right to the presumption of innocence adding the Magistrate’s ruling amounts to removal of Sonko from the elected seat of the Nairobi City County Governor.
“My arraignment cannot create a vacancy in the office of the Governor of Nairobi City County to warrant Ogoti to purport to direct me to proceed and remove my personal items from office as though I had ceased having the right to access such office,” Sonko stated.
Sonko wants the High Court to suspend Ogoti’s enforcement order barring him from accessing office or compelling him taking his personal belongings from the offices.
Sonko also wants the court to bar Nairobi City County Assembly Speaker Beatrice Elachi from taking over or occupying his office as no vacancy has constitutionally occurred in his elected governor’s position.