This archive report was first published on 6 December 2019.
On December 6, 2019, Narok Senator Ledama ole Kina filed a suit at the High Court, seeking a determination on whether deputy governors can take over when their bosses are charged with graft.
The suit comes as protests gain momentum over deputy governors declaring themselves acting county chiefs.
Senator ole Kina cited the cases of Kiambu Governor Ferdinand Waititu and Samburu's Moses Lenolkulal, who have been barred from office.
He noted that there are constitutional obligations in the counties, which require immediate attention.
"This matter is of great public interest because of the constitutional effect of service delivery to the people of Kiambu and Samburu," said his lawyer, Mr Omwanza Ombati.
Senator ole Kina sued the Attorney-General and listed Kiambu and Samburu as interested parties.
He argued that since Mr Waititu and Mr Lenolkulal have been denied access to their offices, they are considered as 'absent'.
This absence, he said, has made it impossible for the counties' finance bills to be signed into laws, a role that is for governors only.
Senator ole Kina also noted that powers belonging to governors, under the County Governments Act, cannot be exercised in 'absence' so attempts to do so should be considered illegal.
