Nyeri Deputy Governor Mutahi Kahiga is set to be sworn into office following the death of his boss Wahome Gakuru on Tuesday morning.
Lawyer Wahome Gikonyo said Mr Kahiga must take oath of office immediately to avoid vacuum in Nyeri leadership in accordance with the provisions of Article 182 (2) of the Constitution.
VACANT
Mr Gikonyo said the Independent Electoral and Boundaries Commission (IEBC) will declare the governor’s position vacant and conduct a by-election within 60 days.
However, if the deputy is unable to work, the speaker takes over and acts as governor for 60 days as the polls agency prepares for a fresh poll.
Mr Gikonyo said the acting governor will not have to appoint a new deputy.
The lawyer said in the Nyeri County scenario, Article 182 of the Constitution is dictating the next move.
“Article 182 (3) (a) says if a person assumes office as county governor, the person shall be deemed to have served a full term as county governor if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled election under Article 180 (1); or
(b) not to have served a term of office as county governor, in any other case,” explained lawyer Gikonyo.
CABINET
He said Nyeri case is different since the Governor Gakuru had served for only months.
“If a governor dies in office before two and a half years in office the deputy takes over and a by-election is held. If it occurs after two and a half years the deputy completes the term of office,” he added.
He said in the fresh election, the contest is open to all candidates.
The lawyer added that the governor’s death has affected his newly appointed executive committee members and the county secretary since they will cease to hold office.
Chief Officers will continue to hold office and will oversee the running of the government.
