MPs vote on Bill sealing loophole in hiring deputy governors today

Governors may soon be compelled to nominate their deputies within 14 days whenever a vacancy arises in the office of deputy governor.

MPs will this morning vote on amendments to the mediated version of the County Governments (Amendment) Bill, 2017 that sets the procedure for the disposal of a report of a Commission of Inquiry established under Article 192(2) of the Constitution.

The Bill also provide for the termination of a suspension of a county government under Article 192(4) of the Constitution.

“Where a vacancy arises in the office of a deputy governor … the governor shall within 14 days, nominate the deputy governor and with the approval of the county assembly, appoint a deputy governor,” the Bill, which has undergone negotiations by members of both the National Assembly and the Senate states.

It is meant seal a loophole in law in the appointment of deputy governors whenever a vacancy arises.

Nairobi County for instance has remained without a deputy governor after Polycarp Igathe resigned in January 2018 on grounds that he failed to earn the trust of Governor Mike Sonko to enable him work at the county.

The leadership crisis in Nairobi took a new twist after the electoral commission said it was not aware of the resignation of Mr Igathe from the office of deputy governor.

The Independent Electoral and Boundaries Commission (IEBC) said in March that it had never received a formal communication of Mr Igathe’s resignation.

The Clerk and the Speaker of Nairobi County Assembly had written to IEBC through lawyer John Diro after Mr Sonko was barred from accessing his office due to a pending graft case. The letter is dated December 18, 2019.= Mr Sonko’s attempts to nominate Anne Mwenda as his deputy failed.

The fresh amendments to the law require the county assembly to within 14 days consider a motion for approval for the appointment of the deputy governor. It will be deemed to have approved the motion for the appointment upon the lapse of the 14 days and having failed to make a resolution.

“A motion for the approval for appointment of a deputy governor shall be supported by a majority of the members of a county assembly,” the Bill states.

A person appointed as deputy governor shall, for purposes of Article 180(7) of the Constitution, be deemed to have served a full term as county deputy governor if, at the date on which the person is appointed, more than two and a half years remain before the date of the next regularly scheduled election under Article 180(1) of the Constitution.