A lawyer who filed a petition seeking Nairobi County Governor Mike Sonko declared unfit to hold public office has not been able to serve him with court documents.
The petitioner Mr Bonface Nyamu, told Justice James Makau that his efforts to reach the governor has not been successful
He sought another order from the court to effect the same through advertisement in one of the daily newspaper.
The petitioner through his lead counsel Gad Agako, said when he filed the petition it was certified urgent and the court made observation that it raises weight issues which must be determined.
The judge allowed the application seeking substituted service, but was scuttled when the governor’s lawyer Harrison Kinyanjui walked in and told the judge that he has been instructed by Sonko to taken over the matter and he should be served with the petition.
The court agreed and directed the petitioner to serve the lawyer on record, he further directed that Sonko do file his response and the matter be mentioned on 27 March 2019 for further directions
He says Mr Sonko was elected based on the promises contained in his manifesto, some of which were to be implemented within his first 100 days in office
He seeks an order to effect that pending the hearing and determination of this case, the court should grant a temporary order restraining the governor, his agents or servants from transacting any business on behalf of the county government of Nairobi as he is not only unfit to hold office, but has also violated the Constitution
Mr Nyamu says that unless the court intervenes, Mr Sonko will continue making decisions detrimental to Nairobi residents.
Mr Agako says the petition is based on several issues win which the governor has ignored which includes to appoint his deputy now one year since his deputy resigned.