Ensure sagacity in deputy governor bill

By EDITORIAL
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The dominant discourse since last week’s abrupt resignation of Nairobi Deputy Governor Polycarp Igathe is the need for a legal framework on a succession plan in county governments.

In view of this, Senate Majority Leader Kipchumba Murkomen has prepared a bill that seeks to seal the legal vacuum in the appointment of deputy governors.

The substance of the draft County Governments Amendment Bill is to give powers to governors to appoint their deputies in the event a vacancy arises in that office.

But we feel that the proposition requires thorough interrogation.

RUNNING MATE

In principle, the bill is timely because the lacuna in law has serious ramifications on the management of counties — as seen in Nairobi and Nyeri, where the hitherto-deputy governor Mutahi Kahiga ascended to the top office following the death of his boss, Governor Wahome Gakuru, in November.

However, the proposal raises questions. The deputy governor is elected as a running mate of the governor. The duo is elected by voters as a package and for good reason. So, if the deputy exits, we should explore a fair process of finding the replacement.

It is notable that the Elgeyo-Marakwet senator’s proposal mirrors Article 149 of the Constitution on the appointment of a deputy president should a vacancy ensue in that office.

That is a good starting point because laws are made in reference to existing provisos.

SENATE

But given that the law is silent on the replacement of a deputy governor, we need to go a step further, think broadly and ask the hard questions about the best option of filling the position.

Thus, the Senate should open the matter to public discussion. It should seek more views on the appropriate law; one that rationalises the process and bestows dignity to the office.

In the same vein, the law ought to clarify roles of the deputy governor to eliminate negative perceptions of the office.

Since we now have an opportunity to correct imperfections in the law, let the bill be subjected to thorough public interrogation and debate before its presentation and adoption in Parliament.
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