Former Siaya Governor Cornel Rasanga in Kisumu court last week when his election was nullified.  [Photo: File/Standard]

By Mangoa Mosota and Renson Buluma

Siaya, Kenya: Transition Authority (TA) released guidelines on procedures to be followed in case there is vacancy in office of the governor

TA chairman Kinuthia Wamwangi told The Standard that should a governor’s election be nullified, the Speaker will act as governor for 60 days.

The deputy governor ceases to be in office since he/she is elected on the same ticket as that of governor.

“We wanted to clear misconception and the information is to allow Kenyans to understand many issues such as who takes governor’s office once there is nullification of election,” Wamwangi added.

Last Friday, Muchelule ruled Siaya Governor Cornel Rasanga was not validly elected and called for fresh elections.

Several flaws

But on Tuesday, Rasanga said he was still in office, adding the Constitution was not clear on who he should handover the office to.

Article 182 of the Constitution sub-section four provides for what happens in case of removal of the governor from office.

“Should a vacancy arise in both the office of the governor and that of the deputy governor, or if the deputy governor is unable to act, the Speaker of the County Assembly shall act as governor.”

Meanwhile, Rasanga has appealed against the ruling by Kisumu High Court to nullify his election.

Wednesday, Rasanga said he has appealed in Nairobi due to what he termed as serious flaws in last week’s ruling by Justice Aggrey Muchelule.

“After going through the ruling, I found several flaws and that is why am appealing,” he said.

Clarify

Meanwhile, Busia Resident Judge Francis Tuiyott has faulted a statement that portrayed him as having been in agreement with the position taken by a lawyer in a poll case challenging Budalangi MP Ababu Namwamba.

Tuiyott said the statement was not part of the court’s records and, therefore, should be overlooked.

During the interaction, Tuiyott was quoted as having said: “Bribery is like adultery, which is acted in secrecy and it’s very difficult to determine. Only God can prove beyond doubt that one has indulged in the act,” a statement he now says was placed out of context.

“I want to clarify that the report quoted me out of context because at no time did I agree with the lawyer on the matter,” said Tuiyott.