The death of Nyeri Governor Nderitu Gachagua has raised questions about the future leadership of Nyeri county.
According to the constitution, if a vacancy occurs in the office of county governor, the deputy county governor shall assume office as county governor for the remainder of the term of the county governor, as stated in Article 182(2).
This means that Nyeri Deputy Governor Samuel Wamathai Githaiga will assume duty immediately, acting as governor until the end of the term.
Constitutional Provisions for Vacancy ¶
Article 182(1) outlines the circumstances under which the office of the governor can become vacant, including death, resignation, loss of eligibility, conviction and imprisonment, or removal from office under the Constitution.
In cases where the deputy governor is also incapacitated, the speaker of the county assembly shall act as county governor, as per section 4 of Article 182.
No Immediate By-Election ¶
A by-election is not required immediately, as the deputy governor takes over. However, if the circumstances necessitate an election, as detailed in section 5, it shall be held within sixty days after the speaker assumes the office of county governor.
In the context of Nyeri, with Deputy Governor Samuel Wamathai Githaiga assuming duty, no by-election will be held unless other conditions arise that require it.
