Deputy governors: Are they there to be seen, not heard?

Former Nairobi Deputy Governor Polycarp Igathe

 

• The deputy governor is the heir apparent, but the Constitution does not specify his removal process
• The Constitution is ambiguous about the role of the Deputy Governor

Being a deputy governor in Kenya is equivalent to navigating through a minefield. The position has no clear job description.

Whereas the governors have their jobs well cut out for them, the Constitution is ambiguous on the role of their deputies, making some of them to appear like flower girls at a county wedding.

Although pompously referred to as ‘Excellencies’ like their bosses, the deputy governors are often a frustrated lot.

Long before last week’s resignation of Nairobi Deputy Governor, Polycarp Igathe due to what he termed Governor Mike Sonko’s lack of trust in him, Kenyans have been questioning the role of the deputy governors.

“When they are pro-active, they get accused of trying to overshadow their bosses.  When they sit back, waiting for errands, they are accused of sabotage. This is how serious it is,” says Dr Ken Omalla, a Kisumu-based political scientist.

Last week, when Kisumu Deputy Governor Dr Mathews Owilli, a medic turned politician, held brief  for his  boss, Prof  Anyang’ Nyong’o  who is in the USA,  he was accused of trying to upstage the governor.

“He is overdoing things.  There are some things he should not do, like flying the county flag on his vehicle. It is like he wants to become the governor,” one blogger complained on social media.

Two Kisumu politicians Senator Fred Outa and County Assembly Speaker Onyango Oloo even launched a public attack on Dr Owilli claiming he was undermining the governor, even though he is technically number two in the county’s pecking order.

According to Chapter 11,  Section 179 (clauses  3 and 4)  of  the Constitution, the  governor  and the deputy  county governor   are the respective chief  executive and deputy chief  executive officers  of a county government.

“When the county governor is absent, the deputy governor shall act as the county governor,” the Constitution states.

The only other place the Constitution refers to the deputy governor is in Section 181, when specifying the process of the removal of the governor. This section states that the deputy governor is the heir apparent if the governor resigns, is impeached or dies.

Interestingly, despite the deputy governor being the heir apparent, the Constitution does not specify his removal process.

As former Isiolo Deputy Governor Mohammed Guleid once said, there is a popular feeling among Kenyans that a deputy governor is there to be seen and not to be heard.  This perhaps explains why a pro-active deputy governor is seen as a threat to the boss.

The first five years of devolution were marked with fights and tension between some governors and their deputies, forcing the deputies to form a forum to address challenges facing their offices.

The most publicised  power wars  were  between Machakos  Governor Dr Alfred  Mutua and his  deputy  Barnard Kiala, former Kisumu  Governor  Jack Ranmguma and his  deputy Ruth Odinga, Nyamira  Governor John Nyangarama and his deputy Amos  Nyaribo and Mombasa  Governor Hassan Joho  and his  deputy  Hazel Katana.

Some of these rows were resolved, while others ended in bitter break-ups, like in Machakos, Kisumu and Mombasa.

It is this desire to have the laws changed to give them clear-cut roles that deputy governors are now supporting a Bill by Senate Majority Leader Kipchumba Murkomen.

The chairman of the Deputy Governors Forum Joash Maangi, told The Nairobian that all deputy governors were supporting the Bill that if passed, would define the roles and duties of deputy governors.

“Deputy Governors play a similar role to that of the deputy president, deputy chief executive officer in private enterprises ora deputy principal in a school. This means they step in for their bosses whenever the latter is away, and perform any other duty that may be assigned by the boss, says Maangi who is the Kisii Deputy Governor.

“In the 2022 General Election, 22 governors would be ineligible for re-election since they would have served their two terms with their deputies, and would probably stand a better chance to take over from their bosses. This is why we are being fought,” Maangi claimed.

He attempted to oppose his boss, James Ongwae in last year’s elections, but quickly made a retreat.

“In the first term of devolution, some governors locked their deputies out of office or took away their official cars, besides denying them any responsibilities when they fell out. We do not want to see this happening again,” says Maangi.

Former Nyamira Senator Kennedy Okong’o wants the Senate to carry out a quick review of the Constitution with a view of giving deputy governors definite administrative roles.

“By now, the Constitution should have been properly amended to empower deputy governors to perform specific roles which are well outlined within the law, unlike is currently the case in which county chiefs do almost everything and overshadow their assistants,” he said.

Okong’o added that governors should be given clear constitutional powers to assign their deputies specific roles, just as they do for members of executive committees.

“As currently being witnessed, deputy county chiefs are mere flower girls because they do not have specific roles and which are prescribed in the Kenyan Constitution,” Okong’o said.