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{
    "id": 727013,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/727013/?format=api",
    "text_counter": 98,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "was not only a patriotic Kenyan and a committed leader of Nyeri County but he was also a dear friend of mine. Despite his illness, the Governor led our county to the best of his ability. He shall be remembered with respect and admiration by many. Mr. Speaker, Sir, they say that although all good men must die, death cannot kill their names. In the case of Governor Gachagua, this cannot be more true. Governor Gachagua will be remembered for many things at the county level but, relevantly to the Senate, as being the first governor to request for an appearance before this House. You will remember that that was a time when governors were saying that the Senate has no mandate on them and cannot summon them. Mr. Speaker, Sir, as we all know, when he was accused of impropriety, as it is a common trend with governors to seek court injunctions and other evasive tactics to avoid being answerable to the Senate, that was not the case in the case of Governor Gachagua. When the Attorney-General raised issues about his government expenditures, he did something unique. The Governor did not even need a summons from us. He asked me as the Senator for Nyeri County to arrange for him to make an appearance as he felt it necessary to be accountable to the people of Nyeri and of course to be compliant with the laws of the nation. Mr. Speaker, Sir, upon my requesting Sen. Billow, in deed, we got the opportunity to come on his own request. This had never happened before in this Senate and I believe it is worth recognising and emulating. Governor Gachagua’s name will also be remembered because he is the first governor who has passed on while in office. His death has highlighted the importance of having proper governance structures that relate to transition of office. As you are aware, Nyeri County swore in a new governor yesterday in the morning at about 9.00 a.m. and that was Ambassador Samuel Wamathai. The transition was smooth. For that reason, I applaud Article 182 of the Constitution of Kenya for clearly stipulating the process that must be followed in the event that a governor’s office is vacated. However, with that said, there are two key issues that at least became evident upon the Governor’s demise. The first one regards transition of office. We should interrogate the issue of by-elections and ask whether we need it. It is time for us to look at the Constitution and see whether it is possible to eliminate by-elections because we were happy with the way we transitioned in this particular case. A lot of wastage is witnessed when by-elections occur. In countries such as the USA where they have been discontinued, a replacement is appointed by a party and embraced as a catalyst for smooth, fast and cost effective way of transition. The second issue is the need for us to examine the law surrounding the demise of a governor. With the governor’s passing we have been faced with a dilemma because there are no provisions in law regarding protocol. When a governor dies in office, there are issues regarding who bears the responsibility for the funeral. Is it a national Government or a county Government? Is it a state or a county funeral and what would constitute a county funeral? These are questions for this House and not any other House because we are responsible for matters of counties. At an appropriate time, we should table a Motion that brings to focus this issue as it is imperative that we as country representatives create procedures regarding even matters that are not pleasant to us. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}