Benefits Deputy Governors Enjoy in Kenya

The August elections are a few months away and almost all politicians eyeing governorship seats will have to announce their running mates who are also referred to as Deputy Governors.

The office of the Deputy Governor is a creation of the Constitution and section 180 of the Supreme Law states that a governor must have a deputy to get elected.

"Each candidate for election as county governor shall nominate a person who is qualified for nomination as a candidate for deputy governor."

Functions of the deputy governor are not clearly set out in the Constitution but in a nutshell, he is the deputy Chief Executive Officer of the county and deputises the governor in his absence.

According to section 180 (6), a deputy governor is also automatically elected once the governor assumes office.

"The Independent Electoral and Boundaries Commission shall not conduct a separate election for the deputy governor but shall declare the candidate nominated by the person who is elected county governor to have been elected as the deputy governor," the law outlines.

They are also entitled to being the heir in case a governor is impeached or passes on, as was the case in Nyeri County after the demise of Nderitu Gachagua where his deputy, Samuel Wamathai assumed office.

It is important to note that the Constitution does not mention the process through which deputy governors can be removed from office thus making the position a safe haven.

In Machakos County, Governor Alfred Mutua and his deputy Bernard Kiala have often been at loggerheads, with the latter coming out forcefully to challenge his boss’ leadership.

Mutua has no power to fire his deputy thus has to put up with Kiala's constant complaints.

There was a similar problem in Bomet County after Governor Isaac Ruto 'kicked out' his deputy Stephen Mutai for allegedly absconding duty for two years.

This was unconstitutional and Mutai challenged him to follow due process first.

Members of County Assembly have previously threatened to impeach governors but they have no mandate to do the same to deputy governors.

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