BY SAM ALFAN.
It is a foreign document, Nairobi governor disowns documents filed in court on his behalf.
The affidavit opposing the city Transport Agency created by President Uhuru Kenyatta is not a genuine document.
Governor Mike Sonko says that the firm of advocates (Nyachoti and Co. Advocates) acted without his knowledge and instructions.
“It is rather strange how a law firm would purport to come on record for a sitting governor of Nairobi and instead of getting my instructions through a replying affidavit they chose to file grounds in support maybe to propagate a mischievous hidden cause known only to them,” he said.
The governor has further accused former Nairobi acting Director of Legal Services Violet Avoga Oyangi of instigating the filing of such reasons.
He has asked the court to strike off the record the affidavit filed yesterday in the case asking the court to investigate the said law firm for defamation and intent to sabotage the his relationship, that of the county government and the National Government.
“I will be moving by way of an application to have the Nairobi City County Government and my office removed as a party from the suit as we cannot be compelled to be interested parties,” says Sonko.
Yesterday the firm of Nyachoti filed a replying affidavit saying that the County Assembly of Nairobi has never been formally notified of any such suitable agreement in contravention of section 26(5) of the Inter-governmental Relations Act 2011.
According to the court documents filed in court by lawyer Phillip Nyachoti, the appointment of Board members of the Authority vide Gazette Notice no.1240 of February was unconstitutional since there was absence of formal legal agreement between the parties authorizing the same.
“That the attempt to comply with section 26(4) of the Inter-governmental Relations Act,2011 by introducing a Bill before the National Assembly in the form of the Nairobi Metropolitan Area Transport Area Transport Authority Bill which was tabled in parliament in October 2017 was never successful as the bill was preliminarily rejected and as such the National Assembly approval has never been granted,” he said.