A three-judge bench of the High Court has allowed a relative of President Uhuru Kenyatta to join a petition that seeks to quash the nomination and appointment of Nairobi Deputy Governor Anne Kananu Mwenda.
The bench, comprising Justices Juma Said Chitembwe, Weldon Korir and Wilfrida Okwany, allowed Ms Christina Pratt Kenyatta, who is President Kenyatta's sister, and businesswoman Jane Weru to join the case as interested parties.
The case is a consolidation of nine petitions lodged by various individuals and human rights groups challenging Ms Mwenda's appointment and her possible ascension to the office of the governor following the impeachment of Mike Sonko.
Among the questions that the bench is determining is whether a deputy governor who comes into office at a time when the governor has been impeached and is actively challenging the impeachment proceedings, can ascend to the position of governor.
Another question is what will happen if the deputy governor ascends to the office of governor and the impeached governor succeeds in challenging the impeachment proceedings.
Both Ms Pratt and Ms Weru, the Executive Director of Akiba Trust Mashinani, joined the case following allegations made by the former governor on the filling of the deputy governor's position.
Sonko, who is also in court seeking to recapture his seat, claimed that Ms Pratt attempted to impose Ms Weru on him as deputy governor.
He alleged that Ms Pratt, who is President Kenyatta's sister, contacted him prior to his impeachment, seeking his favour in appointing Ms Weru as his deputy and revoking the nomination of Ms Mwenda.
He alleged that the First Family was interfering with the affairs of Nairobi City County, both political and administrative, especially after the creation of the Nairobi Metropolitan Services (NMS).
Sonko claimed that his decision to cancel Ms Mwenda's nomination was occasioned by pressure from the First Family. He claimed that Ms Pratt had contacted him prior to his impeachment, seeking to have Ms Weru appointed his deputy.
To prove his accusations, the ousted governor said he would rely on an audio clip of a recorded phone conversation and a transcript of the same.
"Ms Weru is the person recommended by Christina Pratt Kenyatta to Mr Sonko to assume the role and capacity of the Nairobi county governor immediately prior to unlawful and sham impeachment of the cross petitioner by reason of which she is a relevant party," read his affidavit.
Ms Weru is among four women that Mr Sonko had said he would consider for deputy governor following the resignation of Mr Polycarp Igathe in 2018. The others included Bishop Margaret Wanjiru, Ms Karen Nyamu and businesswoman Agnes Kagure.
The case will be mentioned on March 11, 2021 before the three-judge bench for directions and to confirm if all parties have filed their written arguments.