The appointment of Paul Mutunga Mutungi as Deputy Governor of Nairobi City County has hit a major hurdle after the High Court ruled against his ascension into office.
Justice Mirima on Friday, 26 November 2021, nullified the appointment of Mutunga until a case filed by activist Okiya Omtatah is heard and determined.
Omtatah filed a constitutional suit challenging the eligibility of Mutunga to hold the office on account of the ongoing corruption cases against him in the Anti-Corruption and Economic Crimes Division of the High Court.
He also challenged the constitutional and legal validity of the process used to nominate, vet, and approve him for appointment to the position.
As a result, the judge granted conservatory orders barring him on two counts.
The orders prohibit Mr Mutunga from taking the oath of office or assuming the office of the Deputy Governor pending the hearing and determination of both the application and the petition.
This comes just a day after Nairobi County MCAs voted to approve Mutunga for the post.
Mutunga had previously appeared before a 10-member select committee on appointments, which is chaired by the Speaker as its chairperson.
On Thursday, Eighty-nine MCAs out of 122 voted to adopt the report by the committee.
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