Kericho Governor Erick Mutai has asked President William Ruto to suspend the county government amid highly charged leadership wrangles in the county.
The under-siege governor announced this at a press conference hours after a second impeachment motion was submitted to the Kericho County Assembly. However, many Kenyans have reacted with mixed opinions about how exactly that would be possible.
This article explores the process and outcomes of a county government suspension on Kenyans.co.ke. Furthermore, if a county is dissolved or suspended, what does the law say?
The Constitution provides for the rare but important step of suspending an entire county government, but the legal threshold for such an action is high and deliberately structured to safeguard devolution. This process is outlined under Article 192 of the Constitution.
According to Article 192(1), the president has the power to suspend a county government only in two circumstances: first, in the case of an emergency arising from internal conflict or war, and second, in the case of exceptional circumstances that justify the action.
However, this authority is not absolute. In cases that are not emergencies, Article 192(2) requires that an independent commission of inquiry be formed to investigate allegations against the county government. The findings of this inquiry must then be submitted to the president.
After receiving the report, the president must evaluate its contents, and the Senate must then authorise the suspension. Without Senate approval, the suspension cannot proceed, thereby introducing a vital layer of checks and balances.
Once a county government is suspended, Article 192(3) requires that the national government arrange for the continuity of services and functions previously managed by the county. This could involve appointing a caretaker team or administrator to oversee daily operations.
Importantly, the suspension is not indefinite. Article 192(4) limits any suspension to a maximum of 90 days. During this period, preparations must be made to hold fresh elections to reconstitute the county government.
Under Article 192(5), once the suspension period expires, elections must be held to fill the vacant positions of Governor, Deputy Governor, and Members of the County Assembly. Both the executive and legislative arms are dissolved in this process.
The decision to dissolve a county must also take into account the objects of devolution as listed in Article 174 of the Constitution. These include promoting democratic governance, accountability, national unity, and ensuring equitable development and service delivery. Any attempt to bypass the suspension provisions would undermine these core values.
For example, Article 174(a) speaks of promoting democratic and accountable exercise of power, while Article 174(f) focuses on ensuring accessible service delivery to citizens. A suspension that leads to service breakdown or is politically motivated would go against these principles.
Moreover, Article 258(1) empowers any Kenyan to challenge the suspension in court. If a person believes the process is unconstitutional or the reasons provided are not genuine, they have the right to seek redress through judicial review.
Although no county has ever been officially suspended or dissolved since the 2013 implementation of devolution, there have been past attempts. A notable case was in 2014 when a push to suspend Makueni County was initiated, but the constitutional threshold was not met.
In summary, dissolving a county government is a constitutional process that demands procedural fairness, institutional cooperation, and public accountability. While it is a tool of last resort, it exists to uphold the integrity of governance when a county can no longer function within constitutional bounds.
