By Mutinda Mwanzia
City Mayor Geoffrey Majiwa may be spared the axe following details of a circular Local Government PS Karega Mutahi issued last month.
This came as jostling for the seat following the charging in court of the mayor over the Sh283 million cemetery-scandal heightened.
According to the circular dated August 31, mayors are not State officers under the new Constitution.
"Article 260 of the Constitution defines a State officer as a person holding a State office. It includes a member of a county assembly, governor or deputy governor or member of the executive committee of a county government," said Prof Mutahi.
Pressure mounted on Majiwa from councillors and civil society bodies to step aside until the courts cleared him.
Yesterday, 43 PNU councillors threatened to evict the mayor from office if he fails to resign within 24 hours, but this could now remain wishful thinking.
Public interest
"In the interest of the public, Majiwa should vacate office and allow his deputy to take over," said Councillor Mutungi Mutunga, who led the councillors at the news conference.
He urged Town Clerk Philip Kisia to urgently convene a meeting to discuss the new developments at City Hall. And the Nairobi Central Business District Association (NCBDA) said Majiwa had no option but step aside until he is cleared by the court of law.
"The honourable thing that Majiwa should do now since he has been charged in court is to vacate the office," said NCBDA chairman Timothy Muriuki.
The Baba Dogo Ward councillor was on Tuesday charged with conspiring to buy Sh283 million-cemetery land in Mavoko.
Yesterday, The Standard learnt that Deputy Mayor George Aladwa was expected to be sworn in as mayor in the event that Majiwa resigns.
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