Former governors now face a minimum five-year ban from running for any political office if they attempt to run for county elective seats right after their terms expire.

This emerged when a senate committee approved a bill aimed at preventing the former county heads from running for office as senators or MCAs immediately their terms as governors is depleted.

Bomet Senator Hillary Sigei chaired the Senate Justice and Legal Affairs Committee, which recommended that the Kenyan Constitution (Amendment) Bill, 2023 be passed by the Senate without any changes.

The committee’s action now places the destiny of the former governors in jeopardy, despite the fact that it continues to elicit conflicting responses from many sources.

The committee contended that there are restrictions on the use of the constitutionally guaranteed right to run for public office, and that the right to do so is not unqualified.

“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 selected as a member of parliament and of the county assembly respectively,” according to the report of the committee.

The proposed legislation by the committee’s Vice Chair Senator Raphael Chimera, aims to add a new clause to Article 180 of the Kenyan Constitution.

According to the new rule, a person who has held the position of governor is ineligible to run for office again within the first five years of leaving office as an MP or MCA.

According to Chimera, the proposed measure will inevitably lead to the conclusion of any continuing accountability procedures, such as the auditing of county government accounts.

He stated that the results of these procedures would determine whether or not the individual in question would be qualified to serve in any other elective position.

The legislator draws attention to the fact that county governors are required by law to report to the senate and county assembly on all financial and administrative choices they make.

“The overarching object of the bill would therefore be an enhancement of the rule of law and accountability in the exercise of public power,” said Senator Chimera.

“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 the 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,” he added.