Polycarp Igathe, the former Nairobi Deputy Governor has turned to the High Court legal understanding on whether his resignation in 2018 was formalized.
Igathe in his petition says in as much as he handed over his resignation letter on January 12, 2018, he is seeking to be informed if he followed due legal process.
“That the legal effect of the failure to formalise or recognise my resignation and the failure by the Nairobi County or any public institution to conduct any legal formalities to conclude my resignation is a matter to be determined by this honourable court in my humble view,” he said in an affidavit according to Nation.
He lodged the petition as Nairobi gubernatorial politics hots up days after the swearing in of Anne Kananu Mwenda as the new Deputy Governor.
The Law Society of Kenya (LSK) blocked Kananu’s consequent swearing in as Deputy Governor.
After the ouster of former Governor Mike Sonko the Independent Electoral and Boundaries Commission (IEBC) gazette a by-election in 60 days.
This has, however, been stopped by the High Court.
Igathe through his lawyer Peter Kiiru said that he handed his resignation letter to Sonko and County Assembly Speaker through guidance by the Constitution.
However, he remains in limbo as IEBC called for a by-election because Sonko and the Speaker never confirmed being in receipt of his resignation.
Igathe in his resignation cited a strained relationship with Sonko who was then his boss.
He argued that the strained relationship made it difficult for him to perform his duties as the Deputy Governor for Nairobi.
The intrigues of Sonko impeachment in December 2020 saw Nairobi County Assembly Speaker Benson Mutura take over in an acting capacity for 60 days.
Sonko got sucked into Naironi leadership battles which prompted State House to get rid of him in a bid to secure the smooth working of the Nairobi Metropolitan Services (NMS).
President Uhuru Kenyatta appointed Major General Mohammed Badi as NMS boss in 2020.
