Nyamira Deputy Governor Amos Nyaribo is set to be sworn in as governor within the next 14 days following the death of county chief John Nyagarama.
Nyagarama succumbed to Covid-19-related complications at The Nairobi Hospital on Friday morning.
Nyaribo, who hails from North Mugirango, has been Nyagarama's deputy since 2013.
Since then, they have had a love and hate relationship that often ended in court.
Nyaribo fell out with Nyagarama months after their 2013 victory and did not see each other eye-to-eye until they were forced by political dynamics to work together to win the 2017 polls.
Immediately after the reelection, Nyaribo moved to court and sued Nyagarama over an attempt to renege on their 2017 pre-poll pact after some county executives allied to him were fired.
Nyaribo accused Nyagarama of going against the MoU they had signed which reportedly stated that the county will be governed at 50-50.
The Constitution provides that where a vacancy arises in the office of governor either through death, resignation or impeachment, the deputy governor shall take over for the remainder of the term.
“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,” reads Article 182 (2).
The Constitution provides that the governor's cabinet shall stand dissolved after a vacancy arises.
“If a vacancy arises in the office of the county governor, the members of the county executive committee appointed under clause (2) (b) cease to hold office,” reads Article 179(7) of the Constitution.
However, the Constitution does not provide for the period within which the deputy governor must assume office.
This is, however, outlined in the County Governments (amendment) Act, 2017 which stipulates that when a governor’s office falls vacant, the deputy governor will within 14 days take over for the remainder of the term.
The amendment was triggered by protests from governors and political leaders.
There were concerns that there was a rush in the swearing in of deputy governors, even before the deceased county bosses could be mourned by their family or buried.
After the death of then Nyeri Governor Nderitu Gachagua on February 25, 2017, Samwel Wamathai, was sworn in as governor on February 28,2017, four days after the death.
When Wahome Gakuru, died on November 7,2017 his deputy, Mutahi Kahiga, was sworn in on November 13, 2017, six days after he died.
Bomet Deputy Governor Hillary Barchok was sworn three days after Joyce Laboso, died on August 5, 2019.