没有“职能”的职位:对2010年肯尼亚宪法第180(5)条关于副行长职位的审查

Bruno Oksiba Osanan
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引用次数: 0

摘要

《2010年肯尼亚宪法》第180(5)条规定,每名县长候选人应提名一名有资格当选县长的人作为副县长候选人。但是,在肯尼亚2010年宪法实施近12年后,人们不仅对这些职位的重要性提出了质疑,而且还质疑是否有必要修改宪法,为副行长提供明确而实质性的职能,甚至干脆取消这些职位。为了解决这一困境,本文将从探讨副行长的宪法职责开始。然后,本文将对肯尼亚县治结构和南非省级治理结构进行比较分析,然后批判性地分析2012年县政府法案第32节中列出的五项职能。在从理论分析转为实务分析的过程中,本文最后将探讨奈洛比县前副省长Paulcarp Igathe的辞职,以及西波科特副省长Nicholas Owon Atudonyang的“缺席”。综上所述,本文发现,从宪法上讲,副州长的关键任务包括代理州长、在州长职位空缺时填补空缺、促进县的包容性。然而,《宪法》中仍存在许多漏洞,如副知事职位空缺未能填补、副知事职位的罢免程序缺乏等。在2010年《肯尼亚宪法》通过后颁布的《2012年县政府法案》至少可以解决这些差距,这是合理的预期。不幸的是,对《县政府法》第32条的批判性分析表明,上述条款中列出的所有职能都只是对《宪法》规定的内容的重复,或者任何被列为职能的内容都是根本无关紧要的,因为缺乏明确性和实质内容
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Posts without ‘Functions’: A review of Article 180(5) of the Constitution of Kenya 2010 on the Position of Deputy Governors
Article 180(5) of the Constitution of Kenya 2010 provides that each candidate for election as a county governor shall nominate a person who qualifies for election as a county governor as a candidate for deputy governor. But almost twelve years after the implementation of the Constitution of Kenya 2010, questions have arisen not only on the importance of these positions but also on whether there is a need to amend the Constitution to provide for clear and substantive functions of deputy governors or even scrap off these positions altogether. To address this dilemma, this paper will begin by exploring the constitutional duties of the deputy governors. The paper will then conduct a comparative analysis of the Kenyan county governance structure and South African provincial governance structures before then critically analysing the five functions enlisted in section 32 of the County Government Act 2012. In moving from a theoretical analysis to a practical analysis of the situation, the paper will finalise by looking into case studies involving the resignation of the former Deputy Governor of Nairobi County, Paulcarp Igathe, and the ‘absence in office’ of the West Pokot’s Deputy Governor, Nicholas Owon Atudonyang. In summary, the paper finds that constitutionally, the critical mandates of the deputy governor include deputising the Governor, filling the vacancy in cases of vacancy in the Governor’s office, and promoting inclusivity in the county. However, there are still numerous gaps in the Constitution, such as the failure to fill the vacancy in the deputy governor’s office and the lack of procedure for removing the deputy governor’s office. Having been enacted after the adoption of the Constitution of Kenya 2010, it was legitimately expected that the enactment of the County Government Act 2012 will at least address these gaps. Unfortunately, a critical analysis of section 32 of the County Government Act shows that all the enlisted functions in the aforementioned provision are merely a repetition of what is provided by the Constitution, or whatever has been enlisted as functions are fundamentally inconsequential for lack of clarity and substance
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