Chief officers to run counties in absence of Governors

Council of Governors chairman Isaac Rutto. County operations will run normally even if Governors facing court battles lose their seats. Photo/FILE  NATION MEDIA GROUP

By EVELYN SITUMA

County operations will run normally even if Governors facing court battles lose their seats.

Service delivery in counties will be undertaken by chief officers in counties, who were seconded to counties by the central government and the Chief Accounting Officer designated by the Finance Executive Committee.

According to the guidelines provided by the Transitional Authority, the Speaker will also play a role. However, the Constitution limits him to oversight role.

“The Speaker will preside over the functions with the help of the chief accounting officer,” says Joash Dache, commission secretary and chief executive Kenya Law Reform Commission. “But they will only coordinate service delivery.”

The County Accounting Officers (CAO) will be the big boys in the counties. The Public Finance Management (PFM) Act gives them powers equal to those held by former permanent secretaries in the ministries.

The CAOs are allowed to collect revenues for the county and spend from county coffers whether the county bosses are around or not.

CAO is also a signatory to the county revenue account along with two other officers. According to Rashid Mohamed Council Member at ICPAK, the other signatories include should accountant in the county office and any other person the CAO may deem fit. The governor and his executive team are discouraged from being signatories to the county account.

“The problem is some believe they have to be signatories,” said Mr Mohamed.

The CAO, a powerful appointee in the devolved government, designated in writing by the finance executive, will be the man running the show as affected counties wait to hold by-elections.

“The CAO will continue with county operations provided he or she is designated and the appointment is in writing,” said Ms Agnes Odhiambo, the controller of budget. The CAO powers are enshrined in section 149 of the PFM Act, 2012.

The Act gives the CAO power similar to that enjoyed by permanent secretaries in the past government.

“The constitution anticipated something could arise. The county chiefs who are civil servants and the chief accounting officer will coordinate service delivery for the two months,” said Joash Dache, commission secretary and chief executive Kenya Law Reforms Commission (KLRC).

According to Ms Odhiambo, the CAO will run the county operations until the new team comes to office.

“Section 75 of the Election Act allows the CAO to continue to hold office until another is elected. CAO can continue to discharge the responsibility,” added Ms Odhiambo.

Following a vacancy in the office of the governor, Chapter 182 (2) of the constitution provides that the deputy governor should assume office as the governor for the remainder of the term. But since the two were elected on one ticket, the election of the two becomes invalid if the court rules against the validity of their election.

The county executive team too, as per chapter 179 (7) of the law ceases to exist if a vacancy arises in the office of the governor. The chapter reads, “If a vacancy arises in the office of the county governor, the members of the county executive committee appointed under clause (2) (b) (members appointed by governor, with the approval of the assembly, from among others persons who are not members of the assembly) cease to hold office.”