Bill proposes 10-year audits to hold governors accountable after leaving office
The legislation, sponsored by Garissa Senator Abdul Haji, mandates the Auditor General to carry out a County Public Service Audit every 10 years.
Governors could be held accountable for mismanagement during their time in office, even years after leaving power, if a new Senate bill is enacted.
The County Governments Laws (Amendment) Bill, 2025, seeks to tighten oversight of county administrations, set clear timelines for appointments, and prevent bloated payrolls in devolved units.
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The legislation, sponsored by Garissa Senator Abdul Haji, mandates the Auditor General to carry out an audit every 10 years.
This audit will assess how counties comply with Article 232 of the Constitution, which outlines key public service principles including professionalism, transparency, accountability, efficiency, public involvement in decision-making, merit-based appointments, and fair representation of communities.
“Within six months after the end of every 10 years, the Auditor General shall conduct a county public service audit in every county government to assess compliance with Article 232 of the Constitution and Part VII of this Act,” the Bill states.
The findings of these audits will be presented to the Senate and the relevant county assemblies for review, giving oversight bodies the authority to take action. Retired governors could therefore be summoned or investigated by anti-graft agencies for irregularities that occurred during their tenure.
The first round of audits would be conducted within six months after the Bill becomes law.
“Within three months after receiving the audit report, the Senate and the relevant county assembly shall debate and consider the report and take appropriate action,” the Bill reads.
In addition to post-tenure audits, the Bill addresses governance gaps in counties. Governors would be required to nominate members of the county executive committee within 14 days of taking office, preventing counties from operating without executives for extended periods.
“A county governor shall, within 14 days of being sworn into office, nominate and deliver to the respective county assembly clerk the names of persons proposed for appointment as members of the executive committee,” the Bill reads.
County assemblies would then have 21 days to approve or reject nominees. Current law does not specify timelines, allowing delays that have sometimes left counties without leadership and slowed service delivery.
“The lack of a timeline for appointing qualified persons to these critical positions has led to inefficiency in service delivery,” the Bill notes.
The Bill also introduces a cap of 20 chief officers per county, aiming to control the wage bill. Some governors have appointed up to 30 officers, straining county finances.
Chief officers’ terms will now align with those of the governors who appoint them.
Further reforms target county public service boards, aiming to reduce appointment delays and conflicts with governors.
This ensures better compliance with Section 59 of the County Governments Act, which governs the boards’ operations.
Governors will also be required to deliver an annual state of the county address before the county assembly, ensuring accountability is maintained through the proper forum instead of separate political events.
If passed, the legislation would not only enforce timely governance for sitting governors but also create long-term accountability mechanisms for former county leaders.
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