The Senate has been petitioned to introduce amendments to the Constitution and other relevant laws on election of the Deputy President and deputy governors.
The petitioner, Taratisio Ireri Kawe, prays that the Senate introduces amendments to provide for a by-election in the office of the Deputy President after assumption to the office of President by an elected Deputy President.
Kawe also wants the amendments to provide for a by-election in the office of the deputy governor after assumption of the office of the governor by an elected deputy governor.
“There is a need to amend the Constitution and other relevant laws to allow for a democratic process where citizens are given an opportunity to elect office holders in the position of the Deputy President and deputy governor in order to protect them from being led by non-elected and unpopular leaders,” he explains.
Kawe says the amendments should provide a mechanism by which the President has the power to appoint a Cabinet Secretary to act as Deputy President, in the event of a vacancy, for six months until a substantive office holder is elected.
He further says the amendments should provide a mechanism by which a governor has the power to appoint the county secretary as deputy governor in the event of a vacancy for six months until a substantive office holder is elected.
Article 180 of the Constitution provides for the mechanism by which a governor and deputy governor are elected.
Further, Article 182 provides for the mechanism through which the position of a governor is filled should a vacancy arise.
“The aforementioned provisions of the Constitution on the nomination of a Deputy President and filling of a vacancy in which office of a county governor by the deputy governor; and subsequent nomination of a deputy governor by the new governor, give rise to a situation where, these positions are taken up by non-elected and in some cases unpopular leaders,” Kawe states.
The Constitution states that within 14 days after a vacancy in the office of Deputy President arises, the President shall nominate a person to fill the vacancy, and the National Assembly shall vote on the nomination within 60 days after receiving it.
County bosses have to nominate a candidate for deputy governor within 14 days in case of a vacancy in the office.
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 or not.
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.
Narok Senator Ledama Olekina supported the petition, saying it was of paramount importance to the country.
“A few years ago, we had a very interesting situation in this country, Nairobi City County, when the former Governor Mike Mbuvi Sonko was impeached by this House. In fact, I will go on record and say I did not vote to impeach him,” he stated.
Olekina said that some of the challenges lawmakers faced while impeaching Sonko were that his deputy, whom he had chosen as per the Constitution, had resigned.
“There was no law that could address that lacuna. However, we referred back to the law and asked ourselves what the framers of the Constitution had in mind when they said that a person to be elected as a governor had to choose a running mate,” he added.
Makueni Senator Dan Maanzo said the case of Sonko was sensitive. “Immediately there was a vacancy, there was a very big problem. Filling it was quite a process,” he recalled.
“The way the two systems work is that the county assembly has now to elect a new deputy and in case of a Deputy President, the Parliament has to elect a new Deputy President. I think that does not go back to the people, but to the representatives of the people,” he added.
Vihiga Senator Godfrey Osotsi said it was high time the country sat down and relooked at the Constitution, what is working and what is not.
“For example, this idea of deputy governors, if you ask me, I would say that governors do not really need a deputy governor,” he said.
He said people should go for elections when there is a vacancy in the office of the governor.
“We should not have a scenario where someone comes into office as a deputy governor and when something happens to the governor, then he becomes the governor and yet he has not been elected by the people,” he added.
Bomet Senator Wakili Sigei said the petitioner has asked for constitutional amendment that will require a referendum.
