Tensions between county governors and their deputies have become a recurring feature in Kenya’s devolved system. Many deputy governors (DGs) have found themselves sidelined soon after elections, with some even becoming targets of impeachment. These power struggles often stem from a lack of clearly defined roles for DGs, creating room for mistrust, rivalry, and dysfunction in county administrations.
Currently, the law merely identifies DGs as principal assistants to governors and members of the county executive committee. However, it leaves the scope of their day-to-day duties to the discretion of governors. As a result, most DGs earn public salaries without any clear responsibilities, leading to public outrage and institutional inefficiencies.
To address this, Senate Deputy Speaker Kathuri Murungi has proposed the County Government Laws (Amendment) Bill, 2024. The Bill seeks to assign specific functions to DGs, thus limiting the governor’s discretionary power. However, the Bill has sparked controversy. Governors argue that mandatory role assignment undermines executive flexibility and creates overlapping responsibilities, particularly with finance CECs and the governors themselves.
Critics also warn that enforcing fixed roles could escalate rather than solve disputes, particularly if DGs are seen as “co-governors.” Assigning portfolios could also create conflicts when a DG must temporarily act as governor, raising questions about succession and departmental continuity.
While clarity is needed, the solution must balance structure with flexibility. Parliament could adopt a hybrid model defining potential roles DGs may be assigned rather than must be assigned. Governors could be required to report these assignments to county assemblies, ensuring accountability without removing discretion.
Additionally, clarifying what constitutes the governor’s “absence” would help avoid conflicts when a DG needs to act as county boss. In extreme cases, legislators could explore barring DGs from contesting governorship immediately after serving. However, such a move would face legal hurdles under Article 38 of the Constitution.
Ultimately, any reform must aim to enhance collaboration, not competition, between governors and their deputies. Structural clarity and political goodwill are essential to stabilise county leadership and improve service delivery.
