Bill to regulate electoral terms tabled

Governors serving their full term but with an eye on parliamentary seats in the next election could be barred from contesting for at least five years if a bill seeking to regulate electoral terms is enacted.

The Constitution of Kenya (Amendment) Bill, 2023, which is sponsored by Nominated Senator Chimera Mwinzagu, seeks to amend the Constitution to exclude a person who has served as a governor from eligibility for election for the first five years immediately after serving as governor.

Chimera argues that the holder of the office of the governor exercises executive authority at the county level and by virtue of this position is charged with the administrative and financial management of county affairs.

According to Chimera, at the end of the term of office, certain accountability processes would still be ongoing and their outcomes would have a bearing on whether a former holder of the office of the county governor would be suitable to hold any other elective office other than the Office of President.

Elective position

Chimera seeks to amend Article 180 of the Constitution to bar governors who have served a full term from seeking an elective position in parliament or at county assembly.

“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 legislative proposal currently before the Justice, Legal Affairs and Human Rights Committee and Senate Speaker Amason Kingi, for pre-publication scrutiny, proposes to limit the time within which a previous holder of the office of a County governor would be eligible for election as a Member of Parliament of County Assembly position.

Already former Governors Jackson Mandago (Uasin Gishu), Ali Roba (Mandera) and Speaker Senate Amason Kingi (Kilifi) who are now members of the Senate.

County governors, in the course of their duties, have to account to the county assemblies and the Senate for any financial and administrative decisions made.

Annual audit reports prepared by the Office of the Auditor General are submitted to the Senate and the relevant county assembly pursuant to section 32 of the Public Audit Act, no. 34 of 2015 for scrutiny.

Chimera argues that five years within which the governor who has served a full term would be out will allow oversight bodies adequate time to inquire into any matters arising from the tenure of a previous holder of the office of governor.

Reference point

“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.

Legislative proposal

This legislative proposal is the second attempt as barring persons who have served as county governors from vying for other elective offices within the first five years immediately after the end of term of service.

The first attempt was through a legislative proposal sponsored by the former senator for Trans-Nzoia County, Dr Michael Mbito, and it sought to bar persons who have served as county governors from vying for the position of president, Member of Parliament and member of county assembly.

The Committee is required to submit its comments to the Speaker within 14 days of the referral of the legislative proposal to the Committee following which the Speaker may, pursuant to standing order 131(2), direct that the legislative proposal be accepted and published as a Bill.