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"id": 779949,
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"content": "Since the results are already there ready to be declared, the implication of any harm occurring to this governor-elect would mean another very expensive and lengthy process for that county to get back to the same point. Therefore, Clause Nine addresses the necessity of providing security to the governor-elect and deputy governor-elect upon declaration of the results at the point of declaration. Under Clause11 the Bill also proposes that:- “If a county governor-elect dies after being declared elected as governor, but before assuming office, or is unable to assume office for whatever reason---” Mr. Temporary Speaker, Sir, we will need to address this a little bit in detail. This is because it is unlike the other scenario whereby I gave an example of what happened in Nyeri County. What happened at that time was that a governor, who had already assumed office, passed on. In this case, the Bill premises – because it is a possibility – that a county governor maybe elected and, for any one reason, he is not able to assume office upon being declared a governor elect. What the Bill proposes here is that if the county governor-elect dies after being declared as the county governor but before assuming office; or is unable to assume office, then it is the deputy governor-elect who shall be sworn in, in an acting capacity, as the acting county governor. Fresh elections shall then ensue within 60 days after the death of the governor-elect. I hope I have stated that clearly. Mr. Temporary Speaker, Sir, the idea here is that you have a person who has gone into a competition, he has been elected and declared as the county governor-elect; he is ready to assume office but he dies before he does that. So, what would happen in this kind of a scenario? That is why we are saying that the deputy county governor-elect would be sworn in as the acting governor. Thereafter, elections would ensue within 60 day to ensure that the wish of the people of that county to have a governor of their own choice, notwithstanding the calamity, is still addressed by virtue of the election to be held within 60 days. In addition, Mr. Temporary Speaker, Sir, if the deputy county governor-elect dies before assuming office or is unable to assume office, the office of the deputy county governor shall be declared vacant on the assumption of office by the person declared elected as the county governor. Once more, let me take a second to clarify that point. Here, the thought reverts to this scenario. You have two individuals who have been running together as running mates for office as governor and deputy governor. The deputy county governor has been declared as the deputy governor-elect, but before assuming office, he dies. Then what happens? In sealing that loophole, we are saying that the county governor himself shall take the mandate and declare the office of the deputy county governor vacant. Thus, the governor will take the responsibility of transiting with the process. Mr. Temporary Speaker, Sir, the Bill further sets out timelines and procedures for swearing in a person who assumes the office of the county governor under Article 182(2) of the Constitution as follows. If you allow me, I will read it out. “If a vacancy occurs in the office of county governor, the deputy county governor shall assume office as the county governor for the remainder of the term of the county governor.” 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."
}