Bill to stop governors from vying for other seats immediately after leaving office before Senate

The Bill has been sponsored by Kirinyaga Senator James Murango. [File, Standard]

A Bill that seeks to have individuals who have served as Governors barred from vying for election as Members of Parliament or Members of County Assembly for the first five years immediately after serving in office is currently before the Senate.

The Bill seeks to have a legislative proposal to amend articles 99(2) and 193(2) of the Constitution, as well as section 24(2) and 25(2) of the Elections Act, Cap. 7 of the Laws of Kenya, to bar persons who have served as Governors from either being Senators or Members of National Assembly.

Kirinyaga Senator James Murango, who has sponsored the Bill, said that Governors, in the course of their duties, have to account to the County Assemblies and the Senate for any financial and administrative decisions made and it would not be prudent to elect them immediately to other seats after leaving office.

"Barring former 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 Governor to hold any other elective position," said Murango.

He said that the county assemblies directly exercise oversight over county governments, through examining their audit reports and holding governors accountable for their decisions, having former governors sit in the two legislatures would lead to conflict of interest and interfere in their decision-making process.

Murango said the barring of Governors seeking other seats will give a chance to oversight bodies would have adequate time to inquire into any matters arising from the tenure of a previous holder of the office of Governor without interference by the former Governor, which is highly likely particularly if the person is elected as member of county assembly or to the Senate.

"By barring Governors who have served their terms from immediately vying for other seats will enable voters to 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," said Murango.

The Annual audit reports prepared by the Office of the Auditor General are submitted to the Senate and the relevant county assembly pursuant to section 32 of the Public Audit Act, Cap. 412B of the Laws of Kenya for scrutiny with Governors required to respond to the various audit queries.

Article 99 of the constitution states that unless disqualified under clause (2), a person is eligible for election as a member of Parliament if the person is registered as a voter or satisfies any educational, moral and ethical requirements prescribed by this Constitution or by an Act of Parliament.

The Constitution states that a person is nominated by a political party or has an independent candidate who is supported in the case of election to the National Assembly, by at least one thousand registered voters in the constituency or in the case of election to the Senate, by at least two thousand registered voters in the county.

The constitution states that a person is disqualified from being elected a Member of Parliament if the person is a State officer or other public officer, other than a member of Parliament or has, at any time within the five years immediately preceding the date of election, held office as a member of the Independent Electoral and Boundaries Commission.

"A person is disqualified from being elected  as a Member of Parliament if he has not been a citizen of Kenya for at least the ten years immediately preceding the date of election; is a member of a county assembly or is of unsound mind and is an undischarged bankrupt,” states the constitution.

The Constitution disqualifies individuals who are subject to a sentence of imprisonment of at least six months, as at the date of registration as a candidate or at the date of election or is found, in accordance with any law, to have misused or abused a State office or public office or in any way to have contravened Chapter Six.