Senate moves to define deputy governors’ roles to end county power struggles
The move follows repeated fallouts between governors and their deputies, which legislators say have cost taxpayers and undermined governance.
The Senate has now moved to amend the law to clearly define the roles and responsibilities of deputy governors, aiming to prevent office wrangles and ensure deputies contribute effectively to county governance.
The move follows repeated fallouts between governors and their deputies, which legislators say have cost taxpayers and undermined governance.
More To Read
- Financial crisis looms for 26 counties as Controller of Budget rejects budgets citing irregularities
- Senators defend constitutional right to summon governors, hit back at Raila
- KNUT rejects Raila's proposal to devolve education
- Raila urges Parliament to grant automatic pensions for two-term governors
- All 14 devolved functions, assets fully transferred to counties, Ruto says
- Governors demand direct donor access, reinstatement of Devolution Ministry
The Senate Devolution and Intergovernmental Relations Committee, chaired by Wajir Senator Mohamed Abass, has proposed changes to the County Governments Act that, if passed, will compel governors to assign specific roles to their deputies and reduce the persistent disputes witnessed in some counties.
“The County Governments Act, Cap 265, be amended to impose a mandatory requirement on the Governor to assign specific responsibilities to the Deputy Governor,” reads part of the committee report.
Currently, Section 32(3) of the Act provides that “the governor may assign the deputy governor any other responsibility or portfolio as a member of the county executive committee.”
Senators argue that the permissive wording has created inconsistencies, with some governors allocating substantial portfolios to deputies while others leave them without responsibilities.
“The lack of legal obligation has led to inconsistent practices across counties. Some governors have assigned substantial portfolios to their deputies, while others have opted not to assign any duties, resulting in underutilisation of qualified personnel and poor use of public resources,” reads the report.
The committee noted that while assigning a County Executive Committee (CEC) portfolio to a deputy governor who works in some counties, making it compulsory could create accountability challenges, especially when deputies are required to act as governors under Article 179(5) of the Constitution.
Legislators also argued that it is unjustifiable for deputies to earn significant salaries while remaining largely idle due to power struggles with governors.
“Owing to the fact that the Office of the Deputy Governor is financed by public resources, there must be a deliberate assignment of responsibilities to ensure optimal utilisation,” reads the report.
The development stems from a petition by Japheth Makokha, Executive Director of Tripple The Impact CBO, urging Parliament to amend the Act to make it mandatory for governors to assign clear roles to their deputies. Makokha highlighted that some first-term governors fear assigning portfolios to deputies could undermine their own popularity, particularly when deputies display stronger governance and service delivery.
“This usually comes at the expense of the citizens who need the bringing of development closer to them through effective and efficient service delivery,” he said.
Makokha added that the permissive nature of the current law has allowed governors to leave deputies idle, escalating tensions in county administrations.
“Because of the disagreements that have existed between many county governors and their deputies, a lot of county CEOs have avoided the implementation of this section,” he noted.
Recent Senate proceedings have been dominated by conflicts between governors and deputies, including Siaya’s William Oduol and Kisii’s Robert Monda, and previously involved the impeachment of former Machakos Deputy Governor Bernard Kiala.
“At the root of these conflicts is the ambiguity in the legal framework governing the role of deputy governors,” the committee observed.
The legislators added that the public has increasingly voiced concern over the continued payment of salaries and allowances to largely inactive deputies, describing it as wasteful and a contributor to the bloated wage bill.
Top Stories Today
