Proposed Legislation Aims to Bar Former Governors from Immediate Re-election to Political Offices
Former governors aiming to run for county elective positions immediately after their terms could face a ban from vying for any political office for at least five years.
This follows a Senate committee’s approval of a proposed law aimed at preventing ex-county chiefs from contesting for senator or MCA positions right after their gubernatorial tenure.
The Senate Justice and Legal Affairs committee, led by Bomet Senator Hillary Sigei, has endorsed the passage of The Constitution of Kenya (Amendment) Bill, 2023, without any changes.
This committee’s decision casts uncertainty over former governors’ political ambitions as the Bill heads to the Senate for debate, stirring varied responses from different stakeholders.
The committee maintained that the right to run for public office is not absolute, highlighting existing constitutional limitations on this right.
“Articles 99(2) and 193(2) of the Constitution (mirrored in sections 24(2) and 25(2) of the Elections Act) specify disqualification criteria for being elected as a member of Parliament or the county assembly,” states part of the committee’s report.
Nominated Senator Raphael Chimera’s Bill aims to amend Article 180 of the Kenyan Constitution by adding a new clause.
This clause would prevent anyone who has served as a county governor from being elected as an MP or MCA within five years after their gubernatorial term ends.
Chimera argues that this bill allows for the completion of accountability processes, like auditing county government accounts, which could impact the suitability of the individual for future elective offices.
He notes that governors must answer to county assemblies and the Senate regarding financial and administrative decisions made during their tenure.
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“The bill’s main objective is to enhance the rule of law and accountability in public office,” said Chimera.
“This would ensure oversight bodies have enough time to investigate matters from a former governor’s tenure without interference, which could happen if they are elected as an MCA or senator,” he added.
Currently, former Mandera Governor Ali Roba and his Uasin Gishu counterpart Jackson Mandago are serving as senators after being elected right after their gubernatorial terms.
The Ethics and Anti-Corruption Commission (EACC) supported the Bill, stating that barring former governors from running for senator or MCA positions is a reasonable restriction to prevent conflicts of interest and misuse of power.
“The proposed five-year ban is reasonable and proportionate to the threat posed by former governors to the oversight role of the County Assembly,” said the EACC in its support.
However, the Office of the Director of Public Prosecution (ODPP) opposed the Bill entirely, arguing that it affects numerous Constitutional provisions.
The ODPP contended that the Senate cannot limit former governors’ rights to run for office through a Parliamentary initiative, as this would violate Article 255 of the Constitution.
The ODPP stated that targeting ex-governors is discriminatory and conflicts with Article 38 of the Constitution, which guarantees every citizen the freedom to make political choices.
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“Therefore, such an amendment can only proceed through a popular initiative as per Article 257 of the Constitution,” said the ODPP.
The Council of Governors also argued that the proposed amendments might necessitate a referendum under Article 255 of the Constitution, claiming the Bill violates Article 38 on political rights.
The governors argued that the Bill presumes all current and former governors guilty of misconduct, undermining their constitutional right to run for office before any accountability is established.
“The Bill’s proposals assume guilt for all current and former governors, infringing on their right to contest elective office,” the governors stated in their objection.
The Independent Electoral and Boundaries Commission (IEBC) also opposed the Bill, suggesting that instead of restricting rights under Article 38(3), legislative frameworks should be expanded.
The IEBC recommended amendments to the Elections Act, Election Offences Act, Leadership and Integrity Act, and the Ethics and Anti-Corruption Act to bar convicted officeholders from future elections as anticipated under Chapter Six and Article 99(2)(h) of the Constitution.
Proposed Legislation Aims to Bar Former Governors from Immediate Re-election to Political Offices