Nairobi Senator Johnson Sakaja says the Senate will review unclear sections of the law and come up with ways to fill the positions of Nyeri and Nairobi deputy governor positions.
Speaking at Gathiruini Primary School on Saturday during the funeral of the mother of Mt Kenya University chairman Simon Gicharu, Sakaja at the same time assured Nairobi residents that there is no leadership vacuum in Nairobi after the deputy governor Polycarp Igathe’s resignation.
Sakaja said the matter will be addressed soon.
Igathe resigned as the Nairobi Deputy Governor and claimed he has failed to earn the trust Governor Mike Mbuvi Sonko to enable him drive the Administration and Management of the county.
Apart from Nairobi, Nyeri County also lacks a deputy governor. Nyeri’s Mutahi Kahiga was sworn-in as governor after the death of Wahome Gakuru.
The situation has raised questions on the fate of the position of a Deputy Governor upon vacation by the occupant. Article 182 of the Constitution provides no remedy for such an occurrence. Article 182 (2) only provides for the succession of the Governor, by the deputy, if his/her office falls vacant.
The only time the office of the Deputy Governor is mentioned in the constitution in relation to the office being vacant is in Article 182(4) which contemplates a vacancy in both the office of Governor or Deputy.
Senate Deputy Speaker Kithure Kindiki and Majority Leader Kipchumba Murkomen plan to introduce a bill to amend the County Government Act to allow a Deputy Governor who has assumed the office of Governor after there’s a vacancy in the office of an elected County Governor to appoint a Deputy.
But the Bill still does not contemplate a situation where there’s a vacancy in the office of the Deputy Governor and what the Governor should do.