A court has dismissed a request by impeached Nairobi Governor Mike Sonko to have a decision to allow vetting of the county's deputy governor nominee to proceed stayed.
He has instead been allowed to file a formal complaint.
This is after Justice Anthony Mrima on Friday dismissed applications by activist Okiyah Omtatah and Habil Kongo seeking to stop the vetting of Deputy Governor nominee Anne Kananu.
Omtatah had asked the court to suspend its decision to allow them appeal the matter at the Appellate court.
The same was supported by lawyer Wilfred Nyamu acting for Sonko. Kongo (an aspiring Governor) also sought the same.
Omtatah and Kongo had challenged the entire process of Kananu's nomination.
The judge said the court is not convinced that the petitioners (Omatah and Kongo) have demonstrated any prejudice if the order is granted. "There's no proof Kananu will be approved after vetting."
The Attorney General represented by Paul Nyamodi opposed the application by Nyamu seeking stay.
In a brief rejoinder, Nyamu said the order made by the court is appealable.
"The process we endeavour to stop is set to happen at 11am as shown in the Gazette notice. The court has already found there's an arguable case so we are entitled to appeal. No prejudice will be suffered if you suspend your decision even if it's for five days to enable us move to the court of appeal."
Nyamu said he cannot file a formal application to arrest a process that is set to proceed at 11am.
However, Mrima said, "I have considered the application. The best way forward is for Sonko to file a formal application. As a result, stay is declined."