Governors’ spouses should not be called First Ladies, says AG Githu Muigai

Governors’ wives, from left: Margaret Nderitu (Nyeri), Susan Mboya Kidero (Nairobi) and Esther Ruto (Bomet ) in Nairobi last month. AG Githu Muigai says governors’ spouses should not be referred to as First Ladies. [PHOTO: FILE/STANDARD]

NAIROBI, KENYA: Governors’ spouses should not be referred to by the title ‘First Lady’. In a letter to Transition Authority chairman Kinuthia Wamwangi, Attorney General Githu Muigai  further says that governors’ spouses should neither be allocated county offices nor be entitled to a budgetary provision for their outreach activities.

The AG argues that although it is a good idea for governors’ wives to engage in social and charitable causes to better the well-being of communities in their counties, money to fund such activities should not be drawn from public coffers.

“Spouses of governors are indeed high profile individuals who can direct public awareness towards a particular cause or campaign,” Prof Githu noted.

Governors’ spouses, he says, should harness private and civic philanthropy resources to undertake informal functions, contrary to their present public engagements.

Githu says that as much as the Government appreciates the rationale for the proposed establishment of an Office of County First Lady, such offices should not be established.

The Standard has seen the letter, which is copied to the chairpersons of Public Service Commission (Margaret Kobia), Kenya Law Reform Commission (Mbage Ng’ang’a), Commission for the Implementation of the Constitution (Charles Nyachae) and Controller of Budget (Agnes Odhiambo).

According to Githu, who is the Government’s chief legal advisor, the County Government Act does not provide the Governor with the same powers and privileges as the President. He argues that the concept of having offices for First Ladies established at a sub-national level is only found in purely federal systems of government such as Nigeria and USA.

The AG notes that countries operating under a devolved system of government closely comparable to the Kenyan system such as the United Kingdom and Rwanda do not have offices of First Ladies at the sub-national level.

“The tradition and practice in establishing the Office of the First Lady stems from the extended public engagements and representative responsibilities in which the spouse of the President finds herself by the virtue of the President’s responsibilities.

“Though it may be appreciated that other executive positions and diplomatic functions such as Cabinet Secretaries, ambassadors, Speakers of the National Assembly and Senate or the Chief Justice may have broad functions of a similar nature, the scope, magnitude and sanctity of these engagements are not comparable.

CONSULTING WIDELY

The AG said the proposed office of the County First Lady would not fit in the definition of an office in the County Public Service. “Section 60 (1) (C) envisions that upon establishment of the office of the County Public Service, the office shall be vacant to be filled competitively and transparently in accordance with the prescribed appointment or promotion procedures,” he stated.

He added: “This is not the envisioned framework for the proposed Office of the County First Lady due to the fact that the spouse of the Governor is not to be competitively recruited for this purpose.”

TA has in turn written to the 47 governors, stating the AG’s position after consulting widely on the matter with various constitutional commissions, independent offices and the Ministry of Devolution.

In a letter dated September 10, addressed to the governors’ and copied to Githu, Devolution Cabinet Secretary Anne Waiguru, Chief of Staff of the President and Head of Public Service at State House Joseph Kinyua, Clerks Jeremiah Nyegenye (Senate) and Justin Bundi (National Assembly), the authority has directed counties to comply.

This means that besides governors’ wives losing the County First Ladies’ titles, governors will be held liable for any public funds set aside for their spouses’ outreach activities.

The letter was also copied to Salaries and Remuneration Commission’s chairperson Sarah Serem, Auditor General Edward Ouko, Commission for Revenue Allocation’s Micah Cheserem and Nyachae.