Senate's Latest Move to Seal Waititu's Fate
Kiambu Deputy Governor James Nyoro could be set to assume full control over the county's affairs, after a motion tabled by Narok Senator Ledama ole Kina on November 12, 2019.
In the motion 'Exercise By The Deputy County Governors Of The Powers And Functions Vested In The Office Of The County Governor In The Absence Of The Substantive Holder Of The Office', the senator noted that deputy county chiefs faced challenges in executing the work of a governor while in an acting capacity.
"In exercising the powers and functions of county governor, pursuant to Article 179 (5) of the constitution, deputy county governors face a myriad of legal, operational and administrative challenges, which hinder the effective functioning of county governments and the efficient delivery of services to the public," the motion read in part.
"Now therefore, the Senate recommends that the National Treasury, the controller of budget, the auditor general, and the respective county assemblies and county executive committee members, to work directly with the deputy county governor, while exercising the functions of county governor, in order to facilitate the effective functioning of county governments and the efficient delivery of services to the public," the senator's motion concluded.
Nyoro had launched a series of appeals requesting the mandate after Governor Ferdinand Waititu was forced to pave way for investigations on alleged abuse of office.
On September 11, Citizen Digital reported that a Kiambu resident, identified as Bernard Chege Mburu, sued Nyoro for reshuffling County Executive Committee (CEC) members.
Mburu alleged that the move by Nyoro to make the changes would set a dangerous precedent, prompting deputy governors to usurp the authority of governors every time the county chiefs are away from the office.
On November 12, Kiambu County Assembly sought the advice of the Supreme Court on Governor Waititu's roles which cannot be performed by his deputy.
“The continued barring of the elected governor of Kiambu from accessing his office for a number of months has made it impractical to perform his duties which entail a key role in the management and operations of the affairs of the county government.
"The operations are now on the verge of total collapse and complete paralysis,” lawyer Wilfred Nyamu wrote in court papers.
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