The Senate Justice and Legal Affairs Committee’s approval of the Kenyan Constitution (Amendment) Bill, 2023 brings forth significant implications for former governors seeking to transition into other political offices immediately after their terms expire.
Under this bill, former governors would face a minimum five-year ban from running for any political office, including positions as senators or MCAs, after completing their terms.
Led by Bomet Senator Hillary Sigei, the committee endorsed the bill without changes, asserting that certain restrictions apply to the constitutionally guaranteed right to run for public office.
They highlighted Articles 99(2) and 193(2) of the constitution, which outline disqualifications for aspiring members of parliament and county assembly members, respectively.
The proposed legislation, introduced by the committee’s Vice Chair Senator Raphael Chimera, seeks to amend Article 180 of the Kenyan Constitution.
It stipulates that individuals who have served as governors would be ineligible to run for office again as MPs or MCAs within the first five years of leaving office.
Chimera emphasized that this measure aims to ensure the conclusion of accountability procedures, such as auditing county government accounts, before former governors seek other elective positions.
He underscored the importance of accountability, noting that governors are legally obligated to report their financial and administrative decisions to the senate and county assembly.
This bill marks a significant step towards ensuring accountability and preventing immediate re-entry into political office for former governors, potentially reshaping the political landscape in Kenya.
“The overarching object of the bill would therefore be an enhancement of the rule of law and accountability in the exercise of public power,” said Senator Chimera.
“The effect of this would be that oversight bodies would have adequate time to inquire into any matters arising from the tenure of a previous holder of the office of the county governor without interference by the former county governor, which is highly likely particularly if the person is elected as a member of county assembly or to the Senate,” he added.
