The ruling by Chief Justice Mumbi Ngugi which prohibits the governor from facing criminal charges to access their offices has increased the rift between the regional head and their representatives.
The rift has also been triggered by fears that the Director of Public Prosecution (DPP) plans to exploit decisions to lock out the offices of several governors facing indictments in court.
The requirement for governors facing criminal charges to guard their offices began when Judge Ngugi upheld the judge’s decision to forbid Samburu Governor Moses Lenolkulal from accessing his office.
The judge ruled that the governor could only access his office with written permission from the Ethics and Anti-Corruption Commission.
And this week, Governor Kiambu, Ferdinand Waititu, was beaten severely after the High Court rejected an offer to review the terms of his guarantee in the Sh588 million corruption case against him.
Judge Ngenye Macharia on Thursday refused to reduce the Sh15 million cash given to Governor Waititu and to delay an order prohibiting him from accessing the office until the case was heard and determined.
SIDELINED
The verdict triggered an all-out dispute with his deputy James Nyoro who had served in Mr. Waititu, uncovering fragile pre-election arrangements between county bosses and their assistants.
The political fight is reminiscent of the power struggle between the governors and their representatives in the first phase of devolution between 2013 and 2017, where the lack of a clear role gave the governors some leeway to avoid their main assistants in carrying out regional affairs.
Before the 2017 elections, many governorate candidates chose technocrat candidates because of their strong background in managing public resources.
Many were recruited into the governor’s campaign team to give politicians less expertise.
But to guard against political ambitions and efforts to surpass them, some choose to be “politically weak” as their representatives they can control, to the detriment of the district.
Other candidates raided academia, the private sector and global philanthropic organizations to find their representatives.
ELECTION 2022
Dr. Nyoro is one of the representatives. When he was elected as vice presidential candidate Mr Waititu, it was because he gave what his boss lacked in management skills and experience.
He is an experienced agriculture expert and former managing director of the Rockefeller Foundation, Africa.
He also ran for the seat of governor of Kiambu in 2013 and manages second place. In 2017, Mr Waititu chose him as his partner.
However, the political marriage did not last long because of local political upheaval due to betrayal and alleged bad leadership.
Also playing was a 2022 power game, with the governor making it clear that a fight was taking place because he was planning a re-election offer, saying he was aware that Dr Nyoro and other leaders would try to overthrow him.
TENDER WARS
While it is not lost that some governors see their representatives as competitors rather than partners, the office of the deputy governor carries the main responsibility in the event that if a governor will resign, be impeached, or die while in office, they take over for the remainder of the term.
Deputy Chairman of the Governor’s Forum John Mwaniki told the Sunday Nation that they were a critical cog in the devolution wheel.
“There are governors who work very well with their representatives. Kudos to them. However, most disputes with their main assistants because of the selfish interests of the governor. They are enemies of devolution and history will judge them harshly, “said Mwaniki, who is also Laikipia’s Deputy Governor, said.
The Sunday Nation has learned t