Thursday January 9, 2020 - The Director of Public Prosecutions, Noordin Haji, has vowed to petition the court to revoke Nairobi Governor Mike Sonko’s bail.
This follows the nomination of Anne Mwenda as Sonko’s deputy at a time that the Governor has been barred from office because he faces multiple charges of graft.
“It is my opinion that the bail terms have been breached and because of that we will be going to court.”
“We will be seeking to cancel the bail terms and to get further clarity on what it means not to access office,” stated Haji.
The DPP sought to clarify his remarks by saying that he was not in contravention of the court’s orders.
“There are two issues that people are confusing.”
“The court said we should not discuss the case and I will not do the same.”
“But that does not mean we cannot challenge the governor’s action,” he said.
But Sonko’s legal team insisted that he could still discharge his executive functions.
They argued that the Governor “is still substantively in office and can discharge his functions from wherever he is without accessing the physical office at City Hall”.
Lawyer Cecil Miller wrote to Haji and faulted his stand on the Governor’s decision to nominate a deputy.
“The bail terms did not remove the Governor from office, but merely prevented him from accessing his physical office and from communicating or approaching the intended witnesses,” Miller said.
He noted that Sonko’s nomination of a deputy did not undermine the intended prosecution against him.
“The action (of appointing a deputy) does not interfere with witnesses in the matter and the bail terms do not amount to a removal from office of the Governor of Nairobi,” he said.
The Kenyan DAILY POST