February 7, 2020. PRESS RELEASE
Correction of a news alert circulating in the media titled
“SUPREME COURT DECLINES TO STOP VETTING OF NAIROBI DEPUTY GOVERNOR”
On January 6, 2020, the Judiciary issued a correction of a story in the media purporting that the Nairobi County Government is awaiting an advisory from the Supreme Court regarding the legality of appointing a Deputy Governor.
We clarified that the Speaker of the Nairobi County Assembly, on January 6, 2019, filed a reference at the Supreme Court seeking to know whether the Governor’s move to nominate a Deputy Governor was in accordance with the law given that the Governor is facing charges in court over alleged loss of Ksh 357 million.
The advocates for the Speaker were scheduled to appear before the Supreme Court Deputy Registrar yesterday, February 6, 2020 for pre-trial compliance.
When the advocates representing both sides appeared before the Deputy Registrar yesterday, it emerged that the pre-trial compliance had not been completed. The applicant was asked to serve the reference within 2 days and file and serve written submissions in 7 days. Thereafter, interested parties to file and serve submissions within 14 days.
A date for the next mention before the Deputy Registrar was set for March 5, 2020 to confirm compliance.
It is therefore premature and misleading for the story carried on January 6 to imply that the ball is in the court of the Supreme Court, while preliminaries have not been completed.
It is further erroneous to run a story in sections of the media today stating that “Supreme Court has declined to stop the vetting of Nairobi Deputy Governor by the County Assembly.”
The facts of the matters are that there is no suit pending before the Supreme Court on this matter. It is the duty of the parties who brought the reference to court, to comply with all preliminaries before a case is placed before the court for hearing and determination. It is not clear why some people want to push the mantle to the Supreme Court and even pronounce ‘a decision of the Supreme Court’ when the matter is not even scheduled for hearing!
The Judiciary would like to again assure the country, that once the matter is properly before the Supreme Court, the court will deliver justice faithfully guided by the Constitution and the Law.