A Nakuru activist has initiated a process to disband the Nakuru County government, citing a leadership vacuum.
Mr Evans Kimori, an engineer and resident of the county, has launched a signature collection campaign seeking the suspension of the county government under Article 192(b) of the Constitution.
The Article states that the President may suspend a county government in the event of an emergency arising from internal conflict or war, and “in any other exceptional circumstances.
Article 192 (2) states that a county government shall not be suspended under clause (1) (b) unless an independent commission of inquiry has investigated allegations against the county government, the President is satisfied that the allegations are justified and the Senate has authorised the suspension.
If successful, the process would pave the way for fresh elections within 90 days.
In a letter dated April 7, Eng Kimori wrote to the Independent Electoral and Boundaries Commission (IEBC) seeking guidance on the legal framework for such an initiative.
He requested clarification on the number of registered voters in Nakuru, the threshold of signatures required and the procedural and legal requirements to ensure compliance during the petition process.
Governor Susan Kihika and Deputy Governor David Kones holding a cheque during the launch of the county bursary at Nyayo Gardens on January 16, 2024.
Photo credit: DILIGENCE ODONGO/MTAA WANGU
The activist’s move, according to him, is driven by what he terms as the county assembly’s failure to execute its oversight role effectively and the prolonged absence of Governor Susan Kihika without proper public communication.
According to Eng Kimori, Members of the county assembly have abdicated their constitutional duty to hold the county executive accountable and have instead aligned themselves with the executive arm.
At the same time, he says the governor has left Nakuru residents without leadership by failing to formally transfer power and thereby causing a leadership standoff between Deputy Governor David Kones and County Secretary Samuel Mwaura.
“The people of Nakuru deserve responsive, transparent and accountable leadership. Unfortunately, the current state of governance in Nakuru county paints a picture of neglect, collusion and failed oversight,” stated Eng Kimori.
On March 25, he petitioned the county assembly seeking to compel it to summon the governor or a representative to explain her prolonged absence and disclose who has been in charge.
His concerns include the unresolved closure of the Nakuru War Memorial Hospital, the case of a missing child’s body at the county hospital morgue, alleged brutality by Kenya Wildlife Service wardens against fishermen at Lake Nakuru and the governor’s extended maternity leave, which he claims has lacked official communication.
He dismissed recent statements by the deputy governor who said he is fully in charge of the county, describing them as misleading.
Eng Kimori further accuses the county leadership of poor service delivery and rampant wastage of public funds due to the alleged leadership void.
Nakuru based lawyer Abuya Mogendi confirmed that under Article 192 of the Constitution, a county government may be suspended if there is an emergency or other exceptional circumstances.
The activist, he said, would need to collect signatures from a substantial number of registered voters and present them to the IEBC along with a formal petition.
If the commission verifies the signatures and certifies the petition, it would be forwarded to the President for action.
However, Mr. Mogendi cast doubt on the feasibility of the campaign citing legal, political and logistical hurdles.
“This is a bold and unprecedented move but it may not succeed due to various constraints, including the fact that the IEBC is not fully constituted and already has pending assignments such as upcoming by-elections,” said Mr Mogendi.
