Law Proposed to Bar Governors From Running for Senate & MCA Seats

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Governors and Senators during the review of the Constitution of Kenya (Amendment) (No. 2) Bill, on April 15, 2024.
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Council of Governors

Senators and Governors on Monday, April 15, met to discuss a law that once implemented, will see two-term governors denied a chance to vie for select elective posts in the 2027 general election. 

The Constitution of Kenya (Amendment) (No. 2) Bill, 2023, if passed into law will bar sitting governors and former governors from vying for Members of County Assembly (MCA) and Senate seats. 

This will be achieved through amending the Kenyan Constitution as well as the Elections Act which gives every qualified Kenyan an equal chance to vie for elective seats.

“The amendments seek to bar sitting Governors and former Governors from vying for Senate or County Assemblies for the first 5 years after serving as Governors,” Senators and Governors remarked after the meeting. 

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The Kenyan Senate.
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Senate of Kenya

During the meeting, Senators committed themselves to considering submissions by all parties and drafting a report for the House’s consideration.

Nominated Senator Chimera Raphael while preparing the Bill, noted that county governors have to account to the county assemblies and the Senate for any financial and administrative decisions made.

This is through among others responding to matters raised by the Office of the Auditor General during preparation of annual audits. 

“Barring former county governors from vying for elections will allow for any ongoing accountability processes related to administration and financial management affairs of the county to be completed, as these would have a bearing on the suitability of the former county governor to hold any other elective position,” the Bill reads in part. 

Senator Chimera further argues that since the Senate and the county assemblies directly exercise oversight over county governments, by examining their audit reports and holding governors accountable for their decisions, having former governors sit in the two legislatures would lead to a conflict of interest and interfere in their decision-making process.

The goal of the Bill will then be to allow County Assemblies and Senate to inquire into any matters arising from the tenure of a previous holder of the office of county governor without interference by the former county governor. 

Additionally, it will ensure that voters have a reference point in making an informed choice on the candidate's suitability for another elective office since all accountability processes would have been completed.

Some of the governors who will be affected by this law if it comes into effect include; Anne Waiguru (Kirinyaga), Anyang’ Nyong’o (Kisumu), Issa Timamy (Lamu), Joseph Ole Lenku (Kajiado), and Julius Malombe (Kitui). 

A photo of Kajiado Governor Joseph Ole Lenku
Kajiado Governor Joseph Ole Lenku
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Raila Odinga