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"content": "Order, Sen. (Dr.) Musuruve and your senior sister, Sen. Beth Mugo. Order means resume your seat. Hon. Senators, I have the following Communication to make. This Communication is my considered ruling on the exercise by deputy county governors of the powers and functions vested in the office of the county governor in the absence of the substantive holder of the office by reason of ill health or by reason of a court order. Hon. Senators, on 12th November, 2019, the Senator for Narok County, Sen. Ledama Olekina, moved a Motion in this House, whose effect was to direct certain government offices, officials and institutions at the national and county levels to work with deputy county governors who exercise the functions of the county governor due to the absence of the substantive county governor occasioned by ill health, incapacity or court orders barring the substantive county governor from assessing office. The text of the Motion relies on and cites the roles of county governors and their deputies as laid out in Articles 179(4), 179(5) and 180(6) of the Constitution; as well as Section 34(4) of the County Governments Act. The last cited provision being on limitation of the powers a deputy county governor can exercise while performing the roles and functions of the county governor in the latter’s absence. The Motion, moved in an amended form, reads as follows:- “THAT, COGNIZANT THAT, Article 179(4) of the Constitution designates the county governor and the deputy county governor as the chief executive and deputy chief executive of the county respectively; FURTHER COGNIZANT THAT, pursuant to Article 180(6) of the Constitution, a county governor and deputy county governor are elected on a joint ticket, with Article 179(5) providing that whenever the county governor is absent, the deputy county governor shall act as the county governor; AWARE THAT, in several counties, deputy county governors have had to serve as county governors due to the absence of the substantive county governors, arising from ill health, incapacity or orders The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}