The swearing-in of the Nairobi Deputy Governor nominee Paul Mutunga has been halted, albeit temporarily.
The High Court, through Justice Hedwig Ong’udi, issued temporary orders to bar Mutunga from swearing-in on Friday.
“To preserve the substratum of this matter temporary orders of prohibition prohibiting Paul Mutunga from taking oath of office as Nairobi City County Deputy Governor and or assuming or occupying the office of the Nairobi City County Deputy Governor pending the inter-parties hearing of this application,” Ong’undi ruled.
This follows an application filed by Human Rights Activists Okiya Omtata challenging the eligibility of Mutunga to hold the office of the Nairobi Deputy Governor.
In his petition, Omtata argued that the nomination, vetting and approval of Mutunga was null since it skipped the process of being cleared by the Independent Boundaries and Electoral Commission (IEBC).
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Omtata also said Mutunga is eligible for that position as he has multiple, active criminal suits against him in the Anti-Corruption and Economic Crimes Division of the High Court.
“It is both conceptually and practically impossible for EACC, which is actively criminally prosecuting Mr. Paul Mutunga Mutungi in multiple suits in the Anti-Corruption and Economic Crimes Division of High Court to have cleared him for appointment as the Deputy Governor Nairobi City County,” Omtata said.
The activist also sought temporary orders barring the Chief Registrar of the Judiciary and the Chief Justice from swearing-in or appointing any judge to preside over Mutunga’s wearing in as Nairobi Deputy Governor.