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{
    "id": 966642,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/966642/?format=api",
    "text_counter": 141,
    "type": "speech",
    "speaker_name": "The Deputy Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "emanating from the courts barring the substantive governor from accessing office; ACKNOWLEDGING THAT, Section 32(4) of the County Governments Act places limitations on the exercise, by the deputy county governor while acting as governor, any power of the governor to nominate, appoint or dismiss that are assigned to the governor under the Constitution or other written law; NOTING THAT, other than the said limitations under Section 32(4) of the County Governments Act, no other restraints are placed in law on the exercise by the deputy county governor of the powers and functions of the governor whenever the governor is absent; AWARE THAT, in exercising the powers and functions of county governor, pursuant to Article 179(5) of the Constitution, deputy county governors face a myriad of legal, operational and administrative challenges which hinder the effective functioning of county governments and the efficient delivery of services to the public; NOW THEREFORE, the Senate recommends that the national Treasury, the Controller of Budget, the Auditor General, the respective county assemblies and County Executive Committee Members to work directly with the deputy county governor while exercising the functions of the county governor, in order to facilitate the effective functioning of county governments and the efficient delivery of services to the public.” Hon. Senators, in his remarks while moving the Motion, Sen. Olekina informed the House that the Motion was aimed at addressing the challenges faced by deputy county governors in their role as acting governors in cases where the substantive governors had been barred by courts from accessing office or otherwise constrained by infirmity or sickness. Sen. Olekina said that at the moment, there is confusion in the affected counties of Kiambu and Samburu, and that residents in those counties are not effectively getting services as they should. He argued that the only powers of the governor that such deputy governors cannot exercise are those on nomination, appointment or dismissal of the governor’s appointees, as laid out in Section 32(4) of the County Governments Act. The Seconder of the Motion, Sen. Stewart Madzayo of Kilifi was very brief. His view being that although it is plausible to argue that a county governor in respect of whom there is a court order against him or her accessing the county office, can actually exercise the powers and perform the functions of his office from outside the physical premises of the office, thanks to technology. It is also true that the legal and constitutional responsibilities of deputy governors ought to be recognized, respected and enforced to avoid making deputy governors mere flower boys or girls. After the Motion was seconded and the question proposed, it was now time for debate. The Senator for Nandi County, the Hon. Samson Cherargei, rose immediately on a point of order seeking a ruling from the Speaker on whether the Motion was consistent with the Constitution and the law and, therefore, if the Motion is admissible for 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."
}