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{
    "id": 779951,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/779951/?format=api",
    "text_counter": 399,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "This is the case with Nyeri County. The Bill gives power to the person who assumes the office of the county governor, under Article 182(2) of the Constitution, to nominate, with the approval of the County Assembly, a deputy governor within 14 days. The Motion for the approval of the appointment of a deputy governor shall be supported by a majority of the Members of that County Assembly. Mr. Temporary Speaker, Sir, the scenario we are trying to address here is the one that has prevailed in Nairobi County, whereby you have a governor but no deputy governor. The governor is unable to move in the absence of an enabling law. So, the process is set out here that a deputy governor can be nominated. The nomination will require the approval by a majority of the Members of the County Assembly within a set timeline of 14 days. That will address the lacuna and the limbo that exists right now, for example, in Nairobi County. The Bill also sets out instances when the office of the Deputy County Governor may become vacant, such as when he dies, resigns by notice, and we saw such an instance when it was done by the good former Nairobi County Deputy Governor, Mr. Polycarp Igathe. It also envisages a scenario where the Deputy Governor ceases to be eligible for nomination as the Deputy County Governor under Article 185 of the Constitution. Also, if he assumes office of the Governor under Article 182(2) of the Constitution and if he is convicted of an offence punishable by imprisonment by at least six months or he is removed from office under the procedure provided in the Bill. Mr. Temporary Speaker, Sir, the Bill provides for the swearing in of the governor- elect to be conducted in a public ceremony before a resident High Court Judge or in the absence of such a Judge, before a resident chief Magistrate. The swearing in ceremony shall take place on the first Tuesday following the 21st Day after the declaration of the results of the election of a county governor. It is important that this procedure is clearly set out in law. In the 2013, there were all manner of happenings, other than recently in the year 2017 case, where the Ministry of Devolution and Planning borrowed from the Bill that we had moved at that time. Making sure that there is legality and legitimacy to this process, by ensuring that we have a High Court Judge present to swear in the Governor, within a specific date and time, as has been clearly set out in the Assumption of the Office of President Act, is very important. This time a lot of confusion and precedents, some of which may not be good, about swearing in have happened. It is good to have a swearing in that is legal and witnessed by a High Court Judge or resident Magistrate within the set time line. Clause 17 of the Bill provides for the handing over of the following symbols as a sign of transfer of executive power and authority in the county. The symbols of power and authority are: The county flag, the Constitution of Kenya, 2010 and the county public seal. It is also important to note that, even as we speak, some counties do not have a flag of their own. Actually, during the handing over in 2017 all manner of items were exchanged as symbols of change of power and authority. I remember going to one ceremony where one of the governors was handing over something that looked like a small model of a small Elephant. I was asking myself what was being exchanged, but that was their symbol. If you ask most of the counties where their county flags are, they will tell you that they do not have them. If you were to 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."
}