Gachagua's post doesn't mean he can monitor county governments

The DP has vehemently opposed the plan saying it will affect business in Nairobi.

It's evident that Gachagua's remarks imply that playing Big Brother falls within his job description. That is despite the constitutional boundaries that grant the DP's office no say in the running of county governments.

Article 176 of the Constitution establishes county governments, a level of government that is separate from the national government. Devolution, the result of years of a sustained push, was meant to decentralise power and like many of the provisions that stamp the principle of separation of powers, prevent an imperial presidency, among other goals.

And county governments would have their distinct roles. Like its national equivalent, the county executive would essentially be in charge of implementing the constitutionally assigned functions. On the other hand, county assemblies would carry out legislative and oversight functions. The Senate, too, would offer oversight to county governments. The aforementioned demarcations significantly limit the DP's role in devolved units.

"The 2010 Constitution, in creating devolved units, made them distinct governments in their own right. They are therefore not subject to direction or control by the national government. The governors do not report to Gachagua. He has no power over county governments and must desist from interfering with their working," Nairobi Senator Edwin Sifuna said Monday.

Gachagua is not the first to act as a link between the two levels of government. As deputy president, Ruto chaired the Intergovernmental Budget and Economic Council (Ibec), which acts as a forum for coordination and discussion between the national and county governments on matters related to national and county budgets and other economic issues.

Through the Council of Governors (CoG), county bosses would negotiate higher revenue allocations. The resolutions of Ibec meetings would always be based on consensus as the national and county units had an equal say in the forum. But a hike in revenue allocation would still be subject to ratification by Parliament, the budget-making organ.

While Ruto enjoyed cordial relations with the CoG in his earlier tenure as DP, his fallout with former President Uhuru Kenyatta would see pro-Uhuru governors skip Ibec meetings. That somewhat proved that governors could choose whether or not they fancied an audience with the DP.

Further, governors have never shied away from confrontation with the national government. Opposition governors were notorious for picking fights with Uhuru in his first term in office. Other clashes have revolved around delayed disbursement of county allocations.

But the county bosses have also acted as beholden to the President before. In a previous interview, constitutional lawyer Bobby Mkangi observed that the governors act as though they are inferior to the president.

"One would think that the governors are the president's employees yet all are in charge of a level of government," he said, noting that that could have led presidents into believing that they had control over governors.

Sabatia MP Clement Sloya said while it is acceptable that leaders should offer others guidance, micromanaging them is constitutionally off the table.

"It does not give anyone the power to intimidate any other because these two people (the DP and governors) were elected separately by the people of Kenya," Mr Sloya said of Ruto's recent Executive order.

"These two arms of government are interdependent ...we should see a harmonious working relationship."

The MP urged Gachagua and Sakaja to solve their dispute behind closed doors.