Samuel Wamathai set to assume Nderitu Gachagua's shoes

Nyeri Deputy Governor Samuel Wamathai, who has said he is ready to carry on from where Governor Nderitu Gachagua left. FILE PHOTO | JOSEPH KANYI | NATION MEDIA GROUP

Nyeri Deputy Governor Samuel Wamathai is set to be sworn in as the county boss following the death of Nderitu Gachagua on Friday morning.

Mr Wamathai said he would manage the transitional period to the best of his ability.

FRIEND

“The governor was more than a personal friend and we knew each other even before elections. Even when he was hospitalised we spoke regularly and almost daily. Last night, he called me and he sounded weak and his death is a shock to the county residents,” said Mr Wamathai.

“He also allowed me last week to launch a road programme where each constituency will get eight kilometers but Kieni will get 18 kilometers,” he continued.

According to County Governments Act 2012, if a governor dies, the deputy assumes the top office for the remainder of the term.

ANXIETY

The Act adds that: "If the deputy governor is unable to act, the speaker shall act as governor. In this situation a new election will be held within 60 days of the speaker beginning to act as governor to elect a new county governor".

Chapter 11 of the Constitution (Devolved Governments), Article 179, states that “If a vacancy arises in the office of the county governor, the members of the county executive committee cease to hold office”.

There is anxiety on whether Mr Wamathai will reorganise the Nyeri county government by either sacking or hiring executive secretaries.

However, Lawyer Patrick Ngunjiri explained that there is no vacuum in the county top office and residents should breathe easy.

NO VACUUM

“The deputy governor will assume office for the remainder of the term but due to proximity of the 2017 General Election a by-election will not be held in Nyeri County,” said Mr Ngunjiri.

He advised that Mr Wamathai is supposed to be sworn in as the acting governor soon to avoid a legal and political crisis.

“The Constitution is silent on the timeline. But a judge should be made available as soon as practically possible to swear the deputy in office,” he noted.

Another constitutional lawyer Wanyiri Kihoro observed that there is no vacuum in transition time and the acting governor does not have powers to appoint a new deputy.

TWO OFFICES

“The acting governor will apparently hold two offices,” said Mr Kohoro.

“He will just hang around that office until the term is over. Having another deputy is wastage of public resources,” said Mr Kihoro.

He noted that Mr Gachagua's death is likely to open legal practitioners’ eyes on the issue of "vacancy in governor’s office", saying the Constitution is silent on many issues.

Mr Kihoro, however, observed that Mr Wamathai had not convinced the locals that he can fit the governor’s shoes.

PLEDGES

“The current deputy could not have existed politically if it was not for Gachagua," he said.

"His political career is also dead now because he did not convince residents that he is qualified,” added Mr Kihoro, a former Nyeri Town MP.

County Assembly Speaker Mwangi Mugo said he was consulting the Attorney-General’s office on the next move, and to ensure the Constitution is supreme in the transition period.

For his part, Mr Wamathai said he would fulfill the pledges made by the governor, but he declined to comment on whether he will vie for the top seat in the August elections.

SHOCK

He also called the governor’s death a blow to the devolved system of governance considering the development projects Mr Gachagua had launched.

“The county is in shock and disbelief. Gachagua will be remembered for his hard work and love to residents. He held issues of infrastructure, roads, agriculture and health close to his heart,” said Mr Wamathai.