A new law drafted by Kiambu Senator Kimani Wamatangi will force Nairobi Governor, Mike Sonko to pick a deputy.
The law, Assumption to the Office of Governor Act 2018, was signed by President Uhuru Kenyatta on Monday at State House.
The law provides that when a deputy governor's office falls vacant, the sitting governor shall within 14 days appoint a deputy and submit the name to the county assembly for approval.
The law approved law states;
(1) The person who assumes the office of county governor under Article 182(2) of the Constitution shall within fourteen days, nominate the deputy governor; and county governor. with the approval of the county assembly, appoint the nominee as deputy county governor.
With the timelines given in the law, a governor cannot go a month without a deputy.
(3) The county assembly shall - consider a motion for approval for the appointment of the deputy county governor, within fourteen days, and resolve whether to approve the motion; and be deemed to have approved the motion for the appointment of the deputy county governor upon the lapse of fourteen days and having failed to make a resolution.
The law further outlines the conditions through which a deputy governor's office can be declared vacant.
The office shall be declared vacant when a deputy governor dies, resigns or ceases to be eligible.
The office of county deputy-governor shall become vacant if the holder of the office - Governor. dies; resigns by a notice, in writing, addressed to the county governor; ceases to be eligible for nomination as deputy county governor under Article 180(5) of the Constitution; assumes the office of county governor under Article 182(2) of the Constitution; is convicted of an offence punishable by imprisonment for at least six months; or (0 is removed from office under this Act.
Governor Sonko has gone for more than a year without an assistant after his previous deputy, Polycarp Igathe, resigned citing he had failed to earn the trust of the governor.
Sonko, who was summoned by the Senate Committee on Devolution to explain why he has never appointed a deputy, called it a non-issue.
He further stated that he would only appoint a deputy if the house passed a law that required him to do so.
In another case, Nyeri Deputy Governor Mutahi Kahiga took 6 months to replace himself when he assumed the office of the governor.
