•The amendment seeks to entrench the office of deputy speaker as a substantive post.
•MPs also move clause on substantive appointment of deputy county assembly speakers.
Image: FAITH MATETE
Senators and members of the National Assembly have agreed on a law ending the governors’ debacle in defining the timelines for appointing their deputies.
The mediated version of the County Governments (Amendment) Bill, 2017 gives county bosses 14 days to nominate a candidate to fill a vacant deputy governor's post.
The legislation strips governors of absolute power to pick county secretaries haphazardly. The appointments will be handled by a selection panel.
The amendment seeks to entrench the office of deputy speaker as a substantive post.
MPs have also defined what would be done in the event an elected governor or deputy governor is unable to assume office – for whatever reason - after being declared the winner.
MCAs will have a say in the appointment and removal of the deputy governor in the set of proposals the National Assembly is set to consider today.
“The county assembly shall consider a motion for approval for the appointment of the deputy governor, within 14 days, and resolve whether to approve the motion,” the bill reads.
The county assembly will, however, be deemed to have approved the motion for the appointment of the deputy governor if they fail to make a resolution in 14 days.
“A motion for the approval for appointment of a deputy governor shall be supported by a majority of the members of a county assembly.”
Currently, there is no law compelling a governor to appoint a deputy in the event of a vacancy in the office.
Nairobi faced a crisis after a court barred Governor Mike Sonko from accessing his office as the county had no deputy governor to take charge.
The events culminated in the transfer of four key county functions to the Nairobi Metropolitan Services under the national government.
MPs, in seeking to streamline appointment of county secretaries, have proposed that governors create a selection panel whose chair is not a public officer.
It shall have a representative of the private sector, LSK, Institute of Certified Public Accountants of Kenya and workers union.
“The selection panel shall submit to the governor the names of two applicants who qualify for appointment as county secretary,” the proposed law states.
The governor shall submit the name of one applicant to the county assembly for approval for appointment as county secretary by the governor.
MPs have also set term limits for county secretaries to five years, renewable once.
On assumption of office, a deputy governor-elect will be sworn in as acting governor in the event a governor-elect dies or is unable to assume office for whatever reason.
This will be for 60 days after which a fresh governor election shall be held in the affected county.
Lawmakers have proposed that when a deputy governor-elect dies before assuming office, the office shall be declared vacant by the incoming governor.
When a governor’s office falls vacant, the deputy governor will within 14 days take over for the remainder of the term.
MPs have also sought to introduce a clause for the substantive appointment of deputy county assembly speakers.
“There shall be a deputy speaker who shall be elected in accordance with standing orders of the respective county assemblies, from among the members of that county assembly.”
The proposed law strips governors of absolute powers to appoint county public service board. This will be done by a selection panel.
The team will be required to submit to the governor names of three qualified applicants for the position of chairperson, six for member and two for secretary.
The governor, within seven days of receipt, will nominate one person and at least three – and not more than five, as members.
Among the tasks MPs want embedded in law is for the public service boards to ensure that 30 per cent of workers are not from the dominant ethnic community.
Deputy speakers, members of county public service boards, and county secretaries currently in office will not be affected by the commencement of the new law.
“They will continue to serve in office for the remainder of the term and in the case of the county secretary, in accordance with the terms and conditions of appointment,” the bill’s transitional clause reads.
Edited by
- mwaniki fm