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A Senate committee has recommended the passage of a Constitutional amendment bill that seeks to bar Governors from contesting for elections immediately after the end of their terms.

The Senate Legal, Justice and Human Rights Committee chaired by Bomet lawmaker Hillary Sigei, gave the bill the go ahead to be processed and debated on the floor of the House.

“Having considered the Constitution of Kenya (Amendment) Bill, 2023 (Senate Bills No. 52 of 2023) and the submissions received thereon, the Standing Committee on Justice, Legal Affairs and Human Rights recommends that the Senate passes the Bill without amendments,” reads part of the report.

The Bill sponsored by nominated Senator Chimera Mwinzagu seeks to bar former county governors from vying for election as Senator or Member of the County Assembly for a subsequent period of five years to allow for any ongoing accountability processes related to administration and financial management affairs of the county to be completed.

Previous office holder

Chimera in his proposal argues that these would have a bearing on the suitability of the former county governor to hold any other elective position, as well as eliminate any potential conflict of interest arising from their presence in the Senate or County Assembly.

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 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.

In addition, voters would have a reference point in making an informed choice on the candidate’s suitability for another elective office since all accountability processes would have been completed and any real or perceived conflict of interest would be eliminated due to the five-year cooling-off period.

If passed, a person who has served as a county governor shall not be eligible to be elected as a senator or a member of a county assembly within the first five years immediately after the end of their term of service.

The Hillary Sigei-led committee argued that the right to be a candidate for public office is not absolute, and there are already certain limitations to the exercise of the right already provided for in the Constitution. Articles 99(2) and 193(2) of the Constitution (as replicated in sections 24(2) and 25(2) of the Elections Act) provide for the grounds on which a person stands disqualified from being elected as a member of Parliament and of the county assembly respectively.

The Ethics and Anti-Corruption Commission (EACC) contented that barring a former Governor from vying for the position of member of the County Assembly provides reasonable restriction to avoid situations of conflict of interests, and prevent abuse of position or undue influence.

“The proposed length period of five-year election cycle/one term, is reasonable and proportionate to the threat posed by the immediate former County Governors to the oversight role of the County Assembly,” said EACC in its support of the amendment.

However, the Office of the Director of Public Prosecution (ODPP) opposed to the Bill in its entirety as the proposed amendments affect a wider array of Constitutional provisions.

ODPP argued that the Senate cannot by way of Parliamentary initiative seek to limit the right of former Governors from contesting for elective seats of the Office of Senator and Members of County Assembly without violating Article 255 of the Constitution.