Two experts have recommended that Article 180 of the Constitution, and the County Governments Act, 2012 be amended to give clear roles to deputy governors.
Lawyer Javas Bigambo and governance expert Kelvin Keya believe the proposals, if enacted, will help end the wrangling between governors and their deputies and between the county bosses and the assemblies witnessed in various devolved units.
Through their book, Devolution at Ten in Kenya, they are also recommending financial autonomy for the 47 regional assemblies in a bid to enhance the doctrine of separation of powers.
While taking stock of the achievements and challenges under devolution in the last 10 years, Mr Bigambo and Mr Keya believe outlining the roles of deputies in the supreme law and enhancing assemblies’ financial muscle is the key to making devolution work and realise the much needed development.
Separation of powers
“Article 180 of the Constitution of Kenya 2010 and the County Governments Act, 2012 should be amended to provide for clear roles for the Deputy Governor,” the books states.
It adds: “There is need to enhance separation of powers between county executives and county assemblies by ensuring direct allocation of funds to County Assemblies.”
While the book does not mention the specific wrangles that resulted from lack of clear roles, the country has witnessed a number of such incidents.
Early this month, it was reported that a row between Kericho County Governor Erick Mutai and his deputy Fred Kirui had boiled over. While the dispute was resolved fast, Mr Kirui had said, he and his boss had disagreed on managing the county affairs.
They had not discussed and agreed on filling key posts in their government, especially the cabinet. There is no law compelling county bosses to involve their deputies in the process.
In Nyamira County, trouble is brewing between Governor Amos Nyaribo and his deputy James Gesami after they disagreed on the executive’s composition. Dr Gesami accused his boss of failing to consult him while the governor said his deputy wanted unqualified people, some of them his relatives, picked.
Kakamega County Deputy Governor Mr Ayub Savula had declared himself equal to Governor Fernandes Barasa and demanded a 50-50 share of the county government. The matter was quickly resolved.
Similar incidences were witnessed in other counties such as Machakos, Nyeri and Vihiga during the first and second terms of devolution. In his second term, Vihiga’s Dr Wilber Ottichilo said he has assigned his deputy, Wilberforce Kitiezo, clear roles and placed his office next to his as a way of ensuring a good working relationship.
In pursuit of inclusivity
Last month, Dr Ottichilo told residents that the infighting witnessed between his office and that of his deputy during his first term would be a thing of the past.
The Council of Governors supports county assemblies financial autonomy the governor said and asked the National Treasury to consider channelling funds directly to the legislative bodies.
The Bigambo and Keya book says the battles Kenyans fought in pursuit of inclusivity, good governance and equal distribution of resources have largely succeeded. BY DAILY NATION