• Motion will give leeway to Kiambu Deputy Governor James Nyoro and his Samburu counterpart Julius Leseeto to reshuffle their Cabinet.
• Senator argues that a governor and his deputy are elected on a joint ticket with the Constitution.
Image: FILE
Deputy governors who serve as governors in the absence of their bosses could soon take full charge of the county governments if a motion currently before the Senate is approved.
The legislators yesterday debated the motion that seeks to give deputy governors authority to exercise absolute powers if their bosses are haunted out of the office for whatever reason.
Currently, the law bars deputy governors who assume the role of the governor in an acting capacity from nominating, appointing or dismissing officers, including members of the executive.
The County Governments Act states, “When acting in office as contemplated in the Constitution, the deputy governor shall not exercise any powers of the governor, to nominate, appoint or dismiss, that are assigned to the governor under the Constitution or other written law.”
However, Narok Senator Ledama Olekina, who sponsored the motion, said limiting the powers of deputies who serve as governors in the absence of their bosses is hindering the effective functioning of the counties and hurting service delivery.
“In exercising the powers and functions of the governor pursuant to the Constitution, deputy governors face a myriad of legal operational and administrative challenges,” Olekina said.
“Other than the said limitations, no other restraints are placed in law on the exercise by the deputy governor of the powers and functions of the governor in their absence," he added.
The motion, however, elicited reactions, with Majority leader Kipchumba Murkomen and Nandi Senator Samson Cherargei arguing that the motion is not in line with the Constitution and the County Governments Act.
They asked that it be withdrawn.
"We are invited by the same motion to the Constitution and the law. It is like this motion is trying to amend the law through the backdoor," Murkomen said.
Deputy Speaker Kithure Kindiki said Murkomen and Cherargei had raised fundamental issues on the motion, but allowed the senators to continue debating.
"Nandi Senator raised extremely weighty and complex constitutional issues. I will allow members to debate this matter but a question will not be put until the chairman retreats and considers the legality or otherwise of this motion. The ruling will made on Thursday next week," Kindiki said.
LEEWAY FOR NYORO, LESEETO
If approved, the motion will give leeway to Kiambu Deputy Governor James Nyoro and his Samburu counterpart Julius Leseeto to reshuffle their Cabinet.
Their governors Ferdinand Waititu (Kiambu) and Moses Lenolkulal (Samburu) were barred from accessing county offices until graft cases against them are heard and determined.
Late last month, Justice Janet Mulwa temporarily stopped Leseeto from re-assigning six members of the executive committee.
In August, the Central Bank of Kenya turned away Wilson Mburu, whom Nyoro had appointed as Finance and Planning CEC, when he went to be added as a signatory to IFMIS.
In the motion, Olekina called on all the agencies, including the Controller of Budget, Auditor General and the respective county assemblies, to work with deputy governors to facilitate efficient service delivery.
To justify the need to give deputy governors absolute powers, the senator argued that a governor and his deputy are elected on a joint ticket, with the Constitution stating that the deputy shall act as governor in the boss's absence.
“In several counties, deputy governors have had to serve as governors due to the absence of substantive governors arising from ill-health, incapacity or orders emanating from the courts barring the substantive governor from accessing office,” the motion reads.
Edited by R.Wamochie