Elachi preparing to take over Nairobi County for 60 days awaiting by-elctions.

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Nairobi Governor Mike Sonko and County Assembly Speaker Betrice Elachi[Photo/Courtesy].

“If a vacancy occurs in the circumstances contemplated by clause (4), an election to the office of county governor shall be held within sixty days after the speaker assumes the office of county governor,” Article 182 (5) states.

After Governor Mike Mbuvi Sonko dramatic arrest today Friday Dec 6th, Nairobi County Speaker Beatrice Elachi would now easily assume office.

Interestingly and according to the Star, this move could also trigger a sudden by-election in Nairobi as the Speaker can only act for a period of only 60 days.

Director of Public Prosecutions DPP Noordin Haji, on the other hand, gave an indication that he would seek to have the governor stopped from accessing his offices.

Governors who have since been stopped from accessing their offices include Governors Ferdinand Waititu (Kiambu) and Moses Lenolkulal (Samburu) what has led to deputy governor James Nyoro taking over in Kiambu what has also caused political tension especially to Waititu supporters.

However, in Nairobi, Mr. Sonko has failed to appoint a deputy governor since Polycarp Igathe left office for trust reasons on January 12, 2018.

Sonko’s only temporary fallback now would be the constitution which stipulates what should happen in the absence of a governor and deputy governor.

Article 182 (4) states that if a vacancy occurs in the office of county governor and that of deputy county governor, or if the deputy county governor is unable to act, the speaker of the county assembly shall act as county governor.

“If a vacancy occurs in the circumstances contemplated by clause (4), an election to the office of county governor shall be held within sixty days after the speaker assumes the office of county governor,” Article 182 (5) states.

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In July, Justice Mumbi Ngugi ruled that the governors charged with economic crimes will not be allowed to resume work until fully cleared.

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