Tell us our roles, deputy governors say

Deputy Governors’ forum officials led by their chair Everlyne Aruasa (Narok County) (left) at a press conference in Nairobi last week.  PHOTO: COURTESY

By Stephen Makabila                           

Deputy Governors coalescing under the Deputy Governors Forum are on a legal and political warpath.

The Deputy governors  want their job descriptions (JDs)  to be well-structured to avoid confusion between them and Governors.

In pushing for their JDs, they  want the Senate to amend the County Government Act so as to clearly define their roles at the counties.

And incensed by what befell their colleague, Embu County Deputy Governor Dorothy Nditi following last week’s move by Members of the County Assembly to impeach her and Governor Martin Wambora, they want the Supreme Court to interpret whether an impeachment of a Governor also affects his or her deputy.

They argue Section 33 of the County Governments Act on the procedure of the removal of a governor from office is silent on the removal of a Deputy governor. As the fire they have ignited rages on, the question is whether the concerns by the Deputy governors are genuine and legitimate?

The Constitution under Chapter 11 on devolved governments Article 180  (5) states,  “Each candidate for election as county governor shall nominate a person who is qualified for nomination for election as county governor as a candidate for deputy governor.” Further, Article 180 (6) states, “The Independent Electoral and Boundaries Commission (IEBC) shall not conduct a separate election for the deputy governor but shall declare the candidate nominated by the person who is elected county governor to have been elected as the deputy governor.”

The 47 Deputy Governors have largely been overshadowed by Governors, remaining in the background   and only venturing in public when performing delegated duties, depending on the goodwill of their bosses (Governors), despite having jointly hunted for votes last years.

Political scientists says what complicates their fate is joint ticket issue, but whether the deputy should suffer as a result of individual  failings of the Governor should be seriously be subjected to legal interpretation.

Joint ticket

“There are grey areas that have to be determined. Deputy governors should not  carry the sins of  governors despite the joint tickets. The doctrine of collective responsibility should not apply when it comes to a governor’s actions,” points out Dr Joseph Magut, a political scientist at Kenyatta University.

Lawyer Titus Bittok, a lecturer at Moi University’s School of Law, says the Supreme Court should come out clear on the roles of deputy governors.

“We know deputy governors were handpicked by governors as running mates but after election to office, their should have defined roles to justify why they earn salaries from public coffers,” noted Bittok.

And complaints being aired by the Deputy governors are not new as they started voicing concerns months after their election.

In August last year, Deputy governors from all the 47 counties at a meeting in Mombasa called on Governors to include them and keep them informed of their plans in governing counties. The Deputy Governors who met to iron out issues affecting them had then warned that the governors might not succeed in their quest if they isolate their deputies.

Its then that they formed the Deputy Governors’ Forum chaired by Everlyn Aruasa of Narok County. At this early stage, they wanted their job description to be well-structured to avoid confusion between them and their seniors.

Separation of powers

“The law is grey on our roles as there is no clear separation of powers from the governor’s and this gives them a leeway to delegate duties as they so wish,” said Aruasa.

Deputy chair of the forum, Isiolo County Deputy Governor Mohamed Guled, penning an opinion in The Standard earlier in the week said: “Often a mistake is made to suggest that what applies to the President and his deputy applies to the governors and their deputies. But in law ambiguity has no place. In the event of grey areas an amendment is required, or maybe an interpretation from the Supreme Court.”

He says Section 33 of the County Governments Act on the procedure of the removal of governor from office is silent on the removal of a deputy governor.

“My view therefore is that the Senate in its proceedings first needs to investigate the admissibility of a Deputy governor in an impeachment process. The law, however, is very clear on matters regarding the  removal of the deputy governor through the courts in matters regarding Chapter 6 of the Constitution on issues integrity,” added Guled.

The Deputy governors’  resolve to fight even harder  seem to have been further   been strengthened by the impeachment of Embu deputy governor Dorothy Muchungu alongside the governor Martin Wambora,  with the fate of the two now before Senate.

Dorothy has asked the Senate to ignore her ouster from office by the county assembly arguing the impeachment was against the law. She has  told the Senate that the law was silent on the removal of a deputy governor which renders the resolution by the Embu County Assembly as an illegality.

She filed a petition in court seeking interpretation of the law on her impeachment. Lawyer Kibe Mungai, acting for Dorothy, argued that she could not be jointly held responsible for the actions of the governor  which may have been at the heart of the bad blood between the assembly and Wambora.

The  Deputy  governors forum also  says it will be moving to court over the impeachment of  Wambora together with his deputy.

The forum wants the Supreme Court to interpret whether an impeachment of a Governor also affects his or her deputy.

The forum is also seeking to have procedures for impeaching a Deputy governor clearly stipulated and to their end, they are proposing changes to the law. Aruasa  has noted  there needs to be clear procedures for the removal of Deputy Governors. She added that there is need for the law to stipulate functions of the same office.

But a section of the Governors argued the fate of governors and their deputies are inter-twinned because they contested for office jointly.

“They were our running mates and that is the law. When it comes to roles we delegate and assign them duties  and they have been assisting us in running counties. They are not idle,” said Isiolo County Governor Dr Godana Doyo. It, however, remains to be seen whether the deputy governors will realise what they are pushing for or not.