What next for Nyeri County after Wahome Gakuru?

Nyeri Deputy Governor Mutahi Kahiga. He is set to be sworn into office following the death of his boss Wahome Gakuru on Tuesday morning. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Council of Governors lawyer Peter Wanyama said Mr Kahiga would complete the elective term of the second county government.
  • He said Mr Kahiga will not have to appoint a new deputy since the law is silent.

Nyeri Deputy Governor Mutahi Kahiga is set to be sworn into office following the death of his boss Wahome Gakuru on Tuesday morning.

Council of Governors lawyer Peter Wanyama said Mr Kahiga would complete the elective term of the second county government.

“Mr Kahiga will serve up to 2022 as the county governor with all powers and privileges. A by-election is not accessioned by the governor’s death irrespective of the time it occurs,” said Mr Wanyama.

BILL

He said Mr Kahiga will not have to appoint a new deputy since the law is silent.

“The Bill that allows appointment of a new deputy is in Parliament. It should be pushed as quickly as possible,” said the constitutional lawyer.

He explained that the new governor has discretion of appointing new executive committee members or continue working with those of his predecessor

Constitutional lawyer Patrick Ngunjiri agrees with Mr Wanyama.

“In accordance with Article 182(1) a, if the office of the governor becomes Vacant by reason of death of the governor, the deputy governor by virtue of Article 182 (2) will be sworn in to assume office of the governor for the remainder of the term,” he said.

OATH

“Meaning that the there will not be a by election in Nyeri county. Both the Constitution and the county government Act are silent on how the vacancy that will arise in the office of the deputy governor once the current deputy governor is sworn in will be filled. This position will remain vacant until this lacuna or gap in the law is addressed.”

He urged the county secretary, county assembly speaker and judiciary officers to ensure Mr Kahiga takes oath of office as soon as possible.

Their views were echoed by lawyers Wahome Gikonyo who said Mr Kahiga should be sworn in urgently to avoid vacuum in Nyeri leadership.

The lawyers said administrative arrangements should be done so that Mr Kahiga can take over.

Editors' Note: An earlier version of this story indicated that the would be a by-election in Nyeri in 60 days. This is not true. There will be no by-election and the deputy governor will serve until 2022.