How Does A Governor Assume Office in Kenya

New governors and deputy governors will be elected on August 9, in a number of counties. Some governors have completed their two-year term and others will not be re-elected. That means new faces will come in. So how is the transition handled?

The handing over process is governed by an Act of Parliament called the Assumption of the Office of Governor Act enacted in 2019. It’s similar to the Assumption of the Office of the President Act, which governs the Presidential transition.

It establishes in every county a 13-member Assumption of the Office of Governor Committee chaired by the County Secretary. The other members are mainly senior county officials. 

Others are a representative of the devolution ministry, the County Commissioner, representatives of the NIS and the National Police Service at the county, the County Assembly clerk, a representative of the judiciary at the county and two representatives, man and woman, nominated by the Governor elect after the declaration of results. 

The chairperson is required by the law to convene the first meeting 30 days before the elections date. 

The committee’s work is to facilitate the handing over process coordinate security for the new governor and deputy, provide the necessary facilities and personnel for him or her, organize the swearing-in ceremony among other responsibilities. 

 

It coordinates the briefings of the Governor-elect by the relevant county public officers. 

The new governor must be provided with an updated register of assets, liabilities, list of bank accounts and reconciled balances, report of all the staff, list of all staff, report on county entities or corporations and agencies, all ongoing projects including donor funded projects, updated report on all pending legal cases and county source of funding.

The governor-elect may request any county public officer to provide any information in writing and the officer must do so within a reasonable time. Failure to provide the information is an offense that attracts a fine of up to 300,000 or one year in jail or both.

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