•Kiambu legislators argue that acting governor role is a delegated function that can only be done by the holder of the office or by the law.
•The sponsor of the motion is Weitethie MCA Julius Taki.
Image: JOHN KAMAU
Kiambu members of the county assembly have tabled a motion to impeach their Deputy Governor James Nyoro.
The sponsor of the motion is Weitethie MCA Julius Taki,42 MCAs of the 92 signed the motion.
The legislators in a motion tabled to the Clerk of the Kiambu County on Tuesday accused Nyoro of gross violation of the constitution and the county government act.
They accused the DG of holding a meeting with members of the county executive committee after the court barred Governor Ferdinard Waititu over Sh588m graft.
He thereafter held a press conference declaring that he was the acting Governor.
"Following the court ruling in respect of the matter before the courts involving Waititu, the DG is reported as having briefed the members of the county executive committee and thereafter held a press conference declaring that he was the acting governor, "reads the motion.
The delegation they say was taken up without any express instructions from the governor as envisaged in the constitution.
"The provision for acting as a governor is only provided in article 179(5)of the constitution which provides that"When the county governor is absent the deputy county governor shall act as the county governor."
Kiambu legislators argue that acting governor role is a delegated function that can only be done by the holder of the office or by the law.
Since there is no provision to guide this process, they said the governor should expressly give such an acting mandate.
The legislators also accused Nyoro of mental incapacity to deputise Waititu. This is after he publicly stated that he was unable to work with the governor.
His declaration demonstrates that he is both mentally and physically not ready and capable of performing the duties to deputise the governor.
Nyoro was in September accused of abuse of office after he attempted to reassign duties of the county executive member for finance kigo and appoint the CEC for trade Kangethe to the position
The court later on September 24 barred him from appointing, reshuffling or interfering with the composition of the county government's executive committee.
Employment and Labour relations Judge Onesmus Makau said Nyoro should not violate provisions of Sec 32 of the County Government Act pending the hearing of a case filed by a Kiambu resident.