ADVISORY OPINION
Introduction
1.This Reference was moved by the Hon. Speaker of Nairobi City County Assembly and the Clerk of Nairobi County Assembly for an Advisory Opinion under Article 163(6) of the Constitution. The Applicants, by their Reference dated 7th January 2020 and filed on even date, raise the following issues:
(i) Whether the pronouncement of courts in various rulings is a declaration of vacancy in the respective offices and more specifically the County of Nairobi City?
(ii) Whether the Governor of Nairobi can appoint a Deputy Governor even after being barred by a court from accessing his office?
(iii) Whether in the absence of both the Governor and the Deputy Governor, the Speaker Nairobi City County can assume the office of Governor?
(iv) What happens when the Speaker Nairobi County Assembly declines to assume the office of Governor County of Nairobi City?
(v) What is the legal position regarding the absence of gazetting the resignation of Deputy Governor County of Nairobi Ci…