Power struggle: Governors and deputies clash

A comment made by Deputy President William Ruto during the last Devolution Conference that governors need to keep their deputies busy revived debate on the need to clearly define their roles.

The law, apart from defining the deputy governors as the principal assistants of their bosses, does not say what they should do, or the decisions they can make while in office.

It is thought that, because of this, most governors have found a leeway to sidestep their deputies, who most of them see them as competitors rather than partners, in the running of county affairs.

But are they an unnecessary burden or a critical cog in the wheels of devolution? Nairobi Governor Mike Sonko has not had a deputy since January 12, last year, when Mr Polycarp Igathe resigned, citing failure to earn his boss’s trust. He has yet to appoint Mr Igathe's replacement almost a year later.

MANAGEMENT

In West-Pokot, Governor John Lonyangapuo relieved his deputy, Mr Nicholas Atudonyang, of his duties in the Health docket in a Cabinet reshuffle less than a week after the Ethics and Anti-Corruption Commission questioned him for paying the Texas, US-based medic. Dr Atudonyang has not been in the county since last March.

After the first phase of devolution that was marred with tussles with their bosses, the deputy governors now want to be assigned clear roles in the management of counties. In May, the Deputy Governors’ Forum held elections and declared they wanted to oversee the implementation of projects as outlined in the manifestos they launched with governors.

Laikipia Deputy Governor John Mwaniki is the chairman of the outfit. But since his election, little has been heard of the organisation. The office of the deputy governor is a creation of the Constitution. Section 180 of the Supreme Law states that a governor must have a running mate to get elected.

Once a governor is voted in,  his deputy becomes automatically elected. Chapter 11 of the Constitution describes the composition of the county government and the functions of all the offices, including those of the deputy governor.

FUNCTIONS

Instructively, the only functions that are ascribed to the deputy governor are set out in Section 179 (3 & 4): He is the deputy Chief Executive Officer of the county and deputises the governor in his absence. Section 181, involving the removal of the governor, invokes the deputy as heir apparent.

Interestingly, however, the Constitution does not mention the deputy governor’s removal process, therefore, somewhat making the position the safest seat to be in.

“Governors need to utilise their deputies because either will be judged harshly by the voters should they become impediments to services,” Mr Mwaniki said in an interview with the Nation.

In his speech at the conference in Kakamega County, DP Ruto said that a deputy governor is a critical component of any successful devolved executive and asked the county bosses to keep the holders engaged in running the county.

Cases of deputy governors disagreeing with their bosses over sharing out responsibilities triggered tussles between 2013 and last year.

The electoral agency has also recently sought the right to vet deputy governors who take the position in the middle of an election term.

In a letter to the Council of Governors, Independent Electoral and Boundaries Commission chairman Wafula Chebukati said such nominees must be subjected to the same scrutiny as governors’ running mates before elections.