Nairobi — Former Governors who have served their full term could be barred from vying for elective seats for a period of five years if an amendment seeking to amend the constitution sails through.
Nominated Senator Chimera Mwinzagu has sponsored the Constitution of Kenya Amendment Bill 2023 intending to amend the Constitution to exclude a person who has served as a County governor from eyeing the position of Senator, MP or Member of the County Assembly (MCA).
He seeks to amend Article 180 of the Constitution to bar former governors who have served two constitutional terms from holding the elective posts citing conflict of interest.
The Nominated Senator holds that the accountability process conducted after the term of a Governor run into the subsequent elective term before they are concluded.
Hence, when a former county boss is elected to Parliament or County assemblies which are oversight bodies it undermines the accountability process.
Chimera expresses that the five-year period to bar governors from vying will ensure they are given clean bill of health before seeking any elective slots other than the Office of President.
"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 with the first five years immediately after the end of the term of service," reads part of the proposal.
The Nominated Senator explains that oversight bodies require ample time to grill governors of their administrative actions during their tenure.
Chimera said it would be defeatist for governors who have served their term to seek elective seats without substantiating allegations levelled against them by the Auditor General.
The Office of the Auditor General prepares audit reports every financial year which are submitted to the Senate and the relevant county assembly for enquiry.
"Voters would have a reference point in making an informed choice as to the suitability of the former governor to hold another elective office other than the office of the President. There would be an enhancement of the rule of law and accountability in the exercise of public power," Chimera argued.
The amendment bill is currently before the Justice, Legal Affairs and Human Rights Committee and Senate Speaker Amason Kingi, for prepublication scrutiny.
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The Committee will then present its comments to the Speaker within 14 days of the referral of the legislative proposal.
Former Governors Jackson Mandago (Uasin Gishu), Ali Roba (Mandera) and Speaker Senate Amason Kingi (Kilifi) are now members of the Senate after completing their constitutional term as governors.
Even so, Article 38 (3) (c) of the Constitution of Kenya which provides that every adult citizen has the right, without undue restrictions, to be a candidate for public office, or office within a political party of which the citizen is a member and, if elected, to hold office.
Further, Section 24(2) of the Elections Act provides that a person is disqualified from being elected a Member of Parliament if the person is a State officer or other public officer, other than a member of or has, at any time within the five years immediately preceding the date of election, held office as a member of the Commission.
Previous attempts to bar former county bosses from vying have been unsuccessfully made.
Former senator for Trans-Nzoia County, Michael Mbito, sponsored a bill that intended to bar persons who have served as county governors from vying for the position of president, Member of Parliament and member of county assembly.
