A Nairobi voter has moved to court in an attempt to stop the upcoming gubernatorial by-elections because of the Coronavirus pandemic.
In an application to court, Josphat Ngendo wants the court to stop IEBC from conducting the by-elections to replace Mike Sonko as governor.
He also wants to be enjoined in the case that was filed in court challenging the nomination of Anne Mwenda as the Deputy Governor.
Mwenda was nominated by impeached Governor Mike Sonko early this year but the court barred the assembly from vetting her.
“Pending hearing of the petition, court be pleased to grant a stay of the Gazette Notice dated December 21 issued by IEBC calling for the by-election in respect to Nairobi County to be held on February 18 2021,” reads court papers.
Ngendo further wants the court to set aside the orders issued barring the vetting of Mwenda as the deputy governor of the County.
He wants the court to determine whether Mwenda was validly nominated as deputy Governor by Sonko.
“In light of the impeachment of the Governor the prevailing circumstances brought about by Covid-19 pandemic, it’s in the public interest that this court determines the question of whether Mwenda was validly nominated by Sonko,” Ngendo argues.
He also claims that unless the court stops the by-election it will result in great prejudice to him, the people of Nairobi and Mwenda.
It’s his argument that if the elections pull through as expected then it will further expose people to the coronavirus.
“The same will avert a catastrophic crisis in the informal sector during the campaign period for the position of the office of the Governor and further save on public funds,” he says.
“Ngendo and other millions of Nairobi residents have been adversely affected by the pandemic and their sources of livelihood completely decimated by the pandemic.”
In February this year, Justice Mumbi Ngugi issued orders that prohibited the vetting of Mwenda until the application filed by one Peter Odhiambo Agoro is heard and determined.
However, Mwenda challenged the orders and asked for a review seeking the court to set them aside arguing that there was a timeline in which to appoint a DG.
Justice Mumbi Ngugi dismissed the application saying she was not satisfied there is a basis for review of the orders she issued.