Senator seeks to lock former governors out of elective positions

By Robert Mutasi 

Ex-governors who have completed their full term may be prevented from running for elected positions for a five-year period if a proposed constitution amendment passes.

 The Constitution of Kenya Amendment Bill 2023, sponsored by Nominated Senator Chimera Mwinzagu, aims to alter the constitution to disqualify individuals who have served as County governors from pursuing a Senator, MP, or County Assembly member position.

The plan is to modify Article 180 of the Constitution to prohibit ex-governors who have fulfilled two constitutional terms from taking on elective roles due to potential conflicts of interest. 

The Nominated Senator argues that the accountability assessments carried out after a governor's term often extend into the next elective term, so if a former governor is elected to Parliament or County assemblies, which serve as oversight bodies, it could compromise this process.

Chimera believes that the five-year prohibition period will allow time for former governors to be cleared of any wrongdoing before they seek any elective positions other than the presidency.

 Part of the proposed amendment states, "A person who has served as a county governor shall not be eligible to be elected as the Member of Parliament or a member of a County Assembly within the first five years immediately after the end of the term of service."

The oversight bodies, according to the Nominated Senator, need sufficient time to scrutinize the actions of governors during their tenure. 

Chimera also stated that it's counterproductive for ex-governors to run for elective positions without addressing allegations made against them by the Auditor General.

The Auditor General's Office annually produces audit reports, which are then submitted to the Senate and the relevant county assembly for review. 

Chimera argues that this amendment would allow voters to make more informed decisions about the suitability of former governors for other public offices, and would enhance rule of law and accountability in public service.

The amendment bill is currently being examined by the Justice, Legal Affairs and Human Rights Committee and Senate Speaker Amason Kingi.

The Committee will then provide its feedback to the Speaker within 14 days of the legislative proposal being referred to them.