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{
    "id": 966662,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/966662/?format=api",
    "text_counter": 161,
    "type": "speech",
    "speaker_name": "The Deputy Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "anywhere within the county, as long as they do not access the physical location of the county government office. A governor needs not be at the physical location of the county office to perform the functions or exercise the powers of that office. In other words, a governor does not need to be in the office to be governor. He or she can make a decision from anywhere. Otherwise, many of the decisions governors make would have to be given geographical limits. Where, however, such governors face practical constraints in performing any of their official functions or exercising any of their powers, they may voluntarily delegate to the deputy governor the functions and powers that the law allows to be delegated to the deputy governor. However, no law compels a governor against whom there is a court order not to access the county office to delegate. The Motion by Sen. Olekina erroneously assumes that a court order barring a governor from accessing a county office means that such a governor is technically absent and, therefore, the deputy governor automatically becomes the acting governor, pursuant to Article 179(5) of the Constitution. That kind of interpretation would imply that the governors in such situations are technically absent. It is my view that those governors are not absent, but they face certain difficulties. Towards the conclusion, I will tell you my view about Justice Mumbi Ngugi’s judgment, because it somewhat introduces a new term, which is suspending a governor from office. Assumption by a deputy governor to the office of the governor or such deputy governor purportedly performing any of the functions, or exercising any of the powers of the governor simply because the substantive governor has been charged in Court and slapped with a court order not to access the county office, is unconstitutional, illegal, null, void and of no legal consequence, unless and until the substantive governor legitimizes such performance of functions or exercise of powers in writing by appointing the deputy governor to act as governor. I have read the much relied on, but recent decision of Justice Ngugi M. in Criminal Revision No.25 of 2019, Moses Kasaine Lenolkulal vs Director of Public Prosecutions, 2019, relating to the Governor of Samburu County, whom the judge went on in her obiter dicta remarks to bar from accessing the county office during the pendency of the trial. I observe that the judge did allow the governor to access the county office, but with permission and concurrence of the investigating agency, the Ethics and Anti- Corruption Commission (EACC) and its Chief Executive Officer (CEO) to be the focal point for that purpose. She upheld the order dated 15th May, 2019, given by the magistrate in the Anti-Corruption Court to the following effect. The order says:- “The Governor of Samburu County is barred from accessing the Samburu County Government offices without the prior written authorization of the investigating agency, EACC, who shall put measures, if any, in place so as to ensure that there is no contact between the Governor and the prosecution witnesses and to preserve the evidence until further orders of this Court.” The learned judge appreciated that such permission would hypothetically have to be sought and given on a daily basis, presenting practical difficulties. That is why she said 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."
}