The Senate Committee on Justice, Legal Affairs, and Human Rights (JLAHRC) has proposed to limit second-term governors from vying for senatorial and county assembly seats.
The Senate Committee which is chaired by Bomet Senator, Hillary Sigei, endorsed the provisions outlined in the 2023 Constitution of Kenya (Amendment) Bill, aiming to impose a five-year ban on former county governors from vying for these positions after leaving office.
Initially, the proposal advocated for an outright ban akin to presidential term limits. However, discussions eventually settled on limiting governors’ access to these two political offices.
Committee members, while defending the proposal, emphasized the pivotal role of these ‘oversight’ positions in auditing county financial statements. They expressed concerns that the impartiality of such audits might be compromised if former governors were allowed to assume these roles immediately after their gubernatorial terms concluded.
In a statement, the committee acknowledged the contentious nature of the proposed amendment. They cited questions about its fairness, justification, selectivity, and potential application to other state offices, including positions in the National Assembly.
The committee’s statement also underscored the importance of providing justifications for limiting individuals who have not been declared unfit for public office.
“Additionally, the proposal emphasizes the importance of requiring justifications for limiting individuals who have not been deemed unfit for office, in accordance with the presumption of innocence as enshrined in Article 50 of the Constitution”, the committee statement reads.
Following the deliberations, the committee is expected to compile a report for submission to the Senate Speaker. A decision will then be made regarding whether the proposed changes will proceed to the floor of the house for further debate.
Senate is Plan ‘B’ for retired governors
The Amendment Bill was originally introduced by UDA-nominated Senator Raphael Chimera.
Chimare initially advocated for a complete ban on county governors pursuing any political office. He contends that such a ban would enhance accountability and prevent potential interference in the auditing of financial resources during their tenure.
Over the years, the Senate has become an attractive option for many former governors who have completed their terms in office.
The 2010 Constitution of Kenya limits governors to a maximum of two terms, mirroring the presidential term limit. Notable examples of former governors who successfully transitioned to the Senate include Ali Roba (Mandera) and Jackson Mandago (Uasin Gishu).
Some former governors like Professor Kivutha Kibwana, of Makueni County however failed in their attempt to join the Senate.
However, none of these former governors have sought County Assembly seats.
If the Bill garners sufficient support and is passed in the Senate, second-term governors will be restricted to seeking roles as Members of Parliament and the presidency.
Prominent second-term governors impacted by this potential change will include Anne Waiguru (Kirinyaga), Anyang Nyong’o (Kisumu), Stephen Sang (Nandi), and Ken Lusaka (Bungoma).
