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"id": 966765,
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"type": "speech",
"speaker_name": "The Deputy Speaker",
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"content": "you can open a decentralized unit or another subsidiary office which is inferior. The functioning of a governor is not limited to a physical office; so, he can function. I can give the example of Kiambu. The Governor of Kiambu has the headquarters of Kiambu county located in Kiambu town, but he can make decisions, act and do whatever his office is supposed to do from anywhere within Kiambu County. He does not have to do it in the office. He can even establish a decentralized small office somewhere, but the headquarters will be in Kiambu Town. Thirdly, Article 179(5) says that in the absence of the county governor, the deputy county governor shall act as the county governor. It is mandatory, and that is the question I gave. However, absence must be established, because it is not defined. How do you determine absence? It has to be objective. The only place an objective determination of absence can be done is in a court of law. Therefore, a governor who does not want to delegate, because I have said that delegation must be voluntary, by reading the law, and it cannot be coerced. However, if the deputy governor wants to enforce Article 179(5) automatically suo motu, regardless of the opinion of the governor, then they have to go to court and have the circumstances around the governor declared as an absence. After that, automatically it happens with a court order. Therefore, it is not that easy. A deputy governor cannot sit down and say, “From the way I see my governor, because he has not been in the office for ten days, that is an absence and, therefore, I am the acting governor.” Proceed, Sen. Olekina."
}