Makueni Senator Mutula Kilonzo Jnr has weighed in on ex-Nairobi Deputy Governor Polycarp Igathe’s moved to file a case at the High Court seeking to know whether he legally resigned.
In a tweet, Senator Mutula expressed his utter disappointment, questioning why a person who’d resigned publicly would want a clarification on the same.
“Wonders will never cease. Polycarp Igathe wants the High court to determine the legal implication of his resignation since he didn’t receive an acknowledgment!” he tweeted.
In the petition, Igathe argues that although he submitted his resignation to then-Governor Mike Sonko in January 2018, he is not aware if it was formalized as stipulated in the Constitution.
“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 his court papers.
According to Igathe’s lawyer Peter Kiiru, IEBC cannot declare a by-election in Nairobi since Igathe’s resignation is yet to be formalized.
The growing number of cases means that Nairobi County residents will have to wait longer before getting a substantive governor.