• A human rights group has petitioned the Senate to amend the County Governments Act to force governors to assign their deputies executive roles.
• Speaker Amason Kingi directed the House committee on Justice, Legal Affairs and Human Rights to consider the petition and report within 60 days.
Image: MAURICE ALAL
Governors will be compelled to assign their deputies executive portfolios if Parliament agrees with a new proposal and amends the law.
A human rights group has petitioned the Senate to amend the County Governments Act to force governors to assign their deputies executive roles.
Triple the Impact community-based organisation, through Japheth Makokha, a human rights defender, presented the petition.
“The petitioners, therefore, pray that the Senate amends Section 32(3) of the County Governments Act to make it mandatory for county governors to assign portfolios to deputy governors,” the petition states.
Speaker Amason Kingi directed the House committee on Justice, Legal Affairs and Human Rights to consider the petition and report within 60 days.
The fresh push could be a big relief to the deputy governors who do not have specific roles.
The law stipulates that a deputy governor is the principal assistant of the governor.
Section 32 (3) of the County Governments Act provides that the deputy governor shall deputise the governor in the execution of the governor’s functions.
“The governor may assign the deputy governor any other responsibility or portfolio as a member of the county executive committee,” it reads.
Makokha argues the provision of the law gives governors the discretion to assign or not assign deputy governors a portfolio within the county executives.
There have been disagreements between some governors and their deputies, which can be attributed to the provision in the Act.
“Some first-time county governors have allegedly expressed fear that assigning their deputies some portfolios might render the governors ineffective and unpopular, especially where their deputies display better performance in governance, leadership and service delivery,” the petitioner averred.
Additionally, some second-time governors who might prefer other candidates over their current deputies to succeed them may prefer not to assign their deputies any portfolio for fear of high performance, hence public popularity.
“This situation has resulted in conflicts between the offices of the governor and the deputy governor,” Makokha argued.
He said Kenyans have questioned the usefulness of the office of the deputy governor in situations where governors have not assigned them a portfolio.
Currently, several governors and their deputies are feuding over what is connected to the lack of specific roles of deputy governors.
There have been ruthless power struggles in at least seven counties including Trans Nzoia, Meru, Machakos, Siaya and Kericho.
In Kisii, the bad blood Governor Simba Arati and his deputy (now former) Richard Monda, led to the impeachment of the deputy governor.
In Trans Nzoia, Governor George Natembeya has clashed with his deputy Philomenah Kapkory, while in Meru Governor Kawira Mwangaza does not see eye-to-eye with deputy Isaac Mutuma.
In Kericho, Governor Eric Mutai has fallen out with deputy Fred Kirui.
In Siaya, the relationship between Deputy Governor William Oduol and Governor James Orengo has remained cold since last year when he (Oduol) survived impeachment at the Senate.
Oduol had been impeached by the MCAs but survived in the Senate.