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{
    "id": 938920,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/938920/?format=api",
    "text_counter": 429,
    "type": "speech",
    "speaker_name": "Sen. M. Kajwang’",
    "speaker_title": "",
    "speaker": {
        "id": 13162,
        "legal_name": "Moses Otieno Kajwang'",
        "slug": "moses-otieno-kajwang"
    },
    "content": "I am talking about what happens in the corporate world. If you are unwell and unable to exercise your duties in the office, it will not be acceptable that you remain unwell forever and remain on the payroll forever. This is a lacuna and it is upon us to deal with it. I do hope that this Motion will prompt that conversation. As it is, a governor can be unwell permanently and he can be re-elected while in the hospital bed and be unwell for another five years. As you said, does that constitute incapacity? Incapacity arising out of ill health must be certified by a doctor. The governor must subject himself; he must take himself to the doctor to ask the doctor to certify him whether he is fit to hold public office. Or he must be compelled by the county assembly through the procedures laid out in the Constitution to undertake a medical examination. There is a reason why in the USA, presidential candidates are required to declare their health status so that the nation knows the kind of person they are electing. I support this Motion because under such circumstances when the governor due to ill health is unable to continue running the county; he could make a determination on his own volition and say “because I will be going to India or Germany for treatment, I hereby appoint my deputy to act as per the provisions of the Constitution.” The other situation is where a governor is jailed for a term of less than 12 months. The 47 governors in this country are a representation of Kenyans. I do not believe that the 47 governors are equal to 47 angels; they are wrong doers; there are those who are currently facing criminal charges; there are those who are facing charges of murder; and some of them are even facing some of the most gross charges that you can ever imagine. What of if they are committed to jail for 10 months? How do we ensure that these counties continue operating? I would shudder at the thought that a governor would be chairing a cabinet session at Kamiti; or signing documents delivered to him at Kamiti. Those are the situations that must prompt the governor to designate the deputy to continue running that office. Mr. Deputy Speaker, Sir, I believe that we have a duty. I do not know whether it will the Committee on Devolved Government and Intergovernmental Relations, or whichever Committee it is; but governors, as Chief Executive Officers (CEOs), must be subjected to certain procedures that have been applied in the private sector and in the"
}