Bill seeking to bar governors from contesting MP, MCA races withdrawn

Governors have gained a significant reprieve after a Bill seeking to bar them from running for Member of Parliament (MP) or Member of County Assembly (MCA) positions within five years of completing their terms was withdrawn.

Nominated Senator Raphael Chimera withdrew the Constitution of Kenya (Amendment) Bill, 2023, which proposed this restriction, citing the need for broader consultations.

"I rise to withdraw the said Constitution of Kenya (Amendment) (No.2) Bill (Senate Bills No.52 of 2023), which is appearing in today's Order Paper as Order No.10," Chimera said on Tuesday during the second reading of the Bill.

While the senator didn't publicly disclose the exact reasons behind the withdrawal, he confirmed that he had communicated them in writing to Senate Speaker Amason Kingi.

"The reasons for my withdrawal are well captured in my letter to you. The contents are well within your knowledge and also the need to ensure a broader consultation on the effects of this Bill," Chimera said.

Senator Chimera had introduced the Bill arguing that governors, who hold executive authority in counties, should not immediately run for legislative seats, given the accountability processes still ongoing from their tenure.

He proposed to amend Article 180 of the Constitution, aiming to prevent governors who had completed their terms from seeking any elective positions in parliament or county assemblies within five years.

"A person who has served as a county governor shall not be eligible to be elected as a Member of Parliament or a member of a county assembly within the first five years immediately after the end of the term of service," the Bill said.

The senator's rationale was that governors, in their roles, manage the financial and administrative affairs of the counties and are held accountable by county assemblies and the Senate.

Chimera argued that these individuals shouldn't serve in those very same bodies overseeing their previous decisions.

"They cannot be allowed to sit in the county assembly or senate that considers financial reports for years when they were in office," he stated.

There are currently 19 governors serving their second and final terms, many of whom may seek parliamentary seats in the 2027 general elections.

In the 2022 polls, two outgoing governors, Ali Roba (Mandera) and Jackson Mandago (Uasin Gishu), successfully transitioned to the Senate.

However, this transition hasn't been without challenges.

Last year, the Senate County Public Accounts Committee barred Senators Roba and Mandago from attending meetings where their successors were questioned on audit queries from their time in office.

Chimera argued that the five-year waiting period would allow oversight bodies ample time to investigate any issues arising from a governor's term, giving voters a clearer picture of their suitability for future office.

"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," he noted.

Chimera also believed this would enhance accountability and strengthen the rule of law.

"There would be an enhancement of the rule of law and accountability in the exercise of public power," Chimera added.

The Senator’s proposed amendment would affect Article 180 (1) of the Constitution, which currently states that governors are elected directly by registered voters in the county on the same day as general elections for Parliament, held every five years on the second Tuesday of August.

Additionally, Article 38 (3)(c) of the Constitution grants every adult citizen the right to run for public office without undue restrictions. But Chimera contended that there are acceptable limits to this right.

He referenced Section 24(2) of the Elections Act, which disqualifies state officers or public officers, including those who have held office in a commission, from running for MP within five years of leaving office.

This isn't the first attempt to introduce such a law.

Former Trans Nzoia Senator Michael Mbito previously sponsored a similar Bill that sought to prevent former governors from vying for the presidency, parliamentary, or MCA positions.