When Kiambu Governor Ferdinand Waititi was accused of corruption, the Milimani Law Courts barred him and all accused county officials from accessing the Kiambu County offices until the case is heard and determined after he was released on a Ksh.15 million and a bond of Ksh.30 million.
His Deputy Governor Mr. James Nyoro effectively took over running the county affairs and was about to reshuffle the County Executive Committee Members (CECs), exercising a power that he did not have, but was stopped by the Employment and Labour Relations Court. Many feared that such a move could set a dangerous precedent as the deputy governors would usurp the authority of governors every time the later are either sick or temporarily away.
However, a Kiambu resident has filed a petition with the High Court to repeal, a section of the County Governments Act that denies a deputy governor’s powers to nominate or dismiss officials in the absence of the governor. James Gacheru now wants the Attorney General to advise the relevant government agencies to repeal Section 32 (4) of the County Governments Act as it is inconsistent with the provisions of Article 179 (5) of the Constitution of Kenya.
Section 32 (4) of the County Governments Act prohibits a deputy governor from nominating, appointing or dismissing county officials. In his petition he argues that it is not tenable for a deputy governor, in the absence of the governor, to be accountable for the management of county human resources without all the powers necessary to enable him or her ensure accountability which includes the power to appoint, nominate or dismiss.
Mr. Gacheru now says the that part of the constitution to be amended to grant for the deputy county boss to be accountable. Governor Waititu is yet to resume office as he sought help from the Court of Appeal to overturn the Milimani High Court decision.