Should a vacancy fall within the county level, governors will have no choice but to appoint a deputy.
This follows the decision by President Uhuru Kenyatta signing the County Government (Amendment) Bill 2017 into law.
The bill inking compels Nairobi governor Mike Sonko to appoint a deputy after the resignation of Polycarp Igathe in January 2018.
The former leader of majority Kipchumba Murkomen sponsored the bill before losing his plum position in the senate.
Appoint a deputy
The law now directors all governors to appoint a deputy within 14 days in case the seat falls vacant. Afterward, they’ll forward the name to the county assembly, who will approve or reject the nominee within 60 days.
While drafting the bill, senator Murkomen focused on curing the emptiness in the Constitution as well as the 2012 county government Act.
The orchestrators of the Constitution did not envision the impeachment, resignation, or death of deputy governors.
During the time Murkomen drafted the bill, Nyer and Nairobi county faced severe legal and Constitutional problems.
In Nyeri County, deputy governor Mutahi Kahiga ascended into power following the death of his boss Gakuru Wahome after a fatal road accident.
On the other hand, Mr. Igathe resigned in January 2018 after failing to earn his boss’s trust.
In July 2019, Bomet county underwent similar predicaments after the demise of Lorna Laboso. Hillary Barchok, the deputy governor, succeeded his boss.
Following this unprecedented events, senators racked their heads on the best solution. In 2018, the Supreme Court advisory state that a governor had the power to appoint a deputy within two weeks and forward the name to the county assembly for vetting.
Although Mr. Barchok and Mr. Mutahi appointed their deputies according to the court’s ruling, Mike Sonko did not.
However, following corruption charges and misuse of his office, the court will decide Mike Sonko’s fate on appointing a deputy.
The new law also states that should a governor die before taking office, his deputy will take charge for 6o days. Afterward, the respective county will hold a by-election.