Deputy Governors push for legal reforms to secure their roles

Deputy governors have escalated their disputes with county bosses to the Senate, seeking significant legal changes to solidify their roles.

Appearing before the Senate Devolution Committee on Wednesday, a team of 11 DGs shared their experiences under the county leaders.

Led by Deputy Governors Caucus chairman Reuben Kamuri, they highlighted some issues including being denied budgets, facing sabotage, enduring humiliation, being excluded from meetings, and even having goons sent after them.

"We are elected jointly but once we get into office, we can no longer work together despite the role we played," he said.

They also gave their inputs to the County Governments (Amendment) Bill, 2024 that seeks to define the roles of the deputy governors.

Some of the DGs who appeared before the Senate were John Mathara (Nyandarua), Gladys Cheserek (Elgeyo Marakwet), Christine Kilalo (Taita Taveta) and Robert Komolle from West Pokot.

Others were Flora Chibule (Kilifi), Francis Mwangangi (Machakos), William Oduol (Siaya), Janepher Mbatiany (Bungoma), Yualita Mitei (Nandi), and Philemona Kapkory from Trans Nzoia.

Going further, the deputy governors mentioned that out of the 47 governors, fewer than 10 have good relations with their deputies.

"We want to distinguish this office of the deputy governor, can it be rationalised to give value for money? Why do we have a DG being paid Sh600,000 for reading newspapers?" Cheserek said from Elgeyo Marakwet.

Shockingly, Siaya Deputy Governor William Oduol told the Senators that he hasn't attended any county executive committee meetings since the Senate overturned his impeachment last year.

"Despite the Senate visiting Siaya county, I have never been invited to Cabinet meetings," he said.

Nandi Deputy Governor Mitei stated they have been sidelined and excluded from county affairs.

Strained relationships

He noted that only five DGs are serving a second term with their Governors, highlighting the strained relationships between the two offices.

"Some of their roles are assigned to county first ladies or CECs. Some governors consider their deputies as unnecessary appendages yet they are both approved by IEBC to run," Mitei said.

The Constitution does not have clear stipulations about the role and functions of a Deputy Governor in Kenya.

However, the County Governments Act in Section 32 tries to explain the functions of a Deputy Governor.

Section 32 of the County Governments Act states that the deputy governor should deputise for the governor in executing the governor's functions.

The governor may assign the deputy governor any other responsibility or portfolio as a member of the county executive committee.

Article 179(5) of the Constitution says that when the County Governor is absent, the Deputy County Governor should act as the county governor.

When acting in office, the deputy governor should not exercise certain powers of the governor. He or she cannot nominate, appoint or dismiss anyone.

The governor should also not delegate to the deputy governor any functions related to hiring and firing (to nominate, appoint or dismiss).

In their list of demands, they are calling for the right to attend county executive meetings as outlined in Article 172(2) of the Constitution.

DG Caucus chairman Reuben Kamuri requested a three-day notice before the meetings for adequate preparation.

"Currently, we are not informed or you are notified about the meeting at night," he pointed out..

The deputy governors are also seeking the authority to chair all county executive sub-committees. Additionally, they want to oversee the implementation of decisions made by the county executive committee across all departments.

"The issue at hand is about dignifying the office of the deputy governor, it is not about competition but ensuring there is a clear-cut role," Kamuri noted.

Philemona Kapkory, DG from Trans Nzoia County said that they also want to assist governors to coordinate and supervise departments.

"In most cases, we are not involved in the coordination and supervision. In some cases, there is no funding," she added.

The deputies also want to take charge of the county government's service delivery unit, which handles the implementation of development projects.

They are also seeking the right to attend the governors' summit, IBEC, and sub-committee meetings in the governor's absence.

Additionally, they want to coordinate disaster risk management, and plan, and oversee the implementation of disaster management and response within the county.

The Senate Devolution Committee, led by Mohammed Sheikh Abas, pledged to address the concerns raised by the Deputy Governors in the bill sponsored by Deputy Speaker of the Senate Kathuri Murungi.