- Governors have been dealt a heavy blow after a Senate committee endorsed a Bill seeking to bar them from running for Senator and MCA seats.
- The Senate Justice and Legal Affairs Committee recommended to the Senate to pass the proposed Constitution of Kenya (Amendment) Bill, 2023.
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Governors have been dealt a heavy blow after a Senate committee endorsed a bill seeking to bar them from running for Senator and MCA seats.
The Senate Justice and Legal Affairs Committee recommended to the Senate to pass the proposed Constitution of Kenya (Amendment) Bill, 2023.
“Having considered the Bill and the submissions received thereon, the committee recommends that the Senate passes the Bill without amendments,” the panel said in a report.
The Bill is sponsored by Nominated Senator Raphael Chimera.
Chimera seeks to amend Article 180 of the constitution to bar governors who have served full term not to seek an elective position in Parliament or county assembly.
“A person who has served as a county governor shall not be eligible to be elected as the Member of Parliament or a Member of County Assembly within the first five years immediately after the end of the term of service,” the Bill states in part.
The committee chaired by Bomet Senator Hillary Sigei said that barring the retired county bosses from running for Senate and MCAs seats does not infringe on their political rights.
Instead, the measure gives a ‘cooling effect’ to allow for the conclusion of accountability processes.
“The proposed limitation is reasonable and justifiable as it is limited to the offices which directly exercise oversight over county governments, through examining their audit reports and holding them accountable for their decisions,” the committee notes.
Unlike the Senate or county assemblies, the National Assembly does not directly exercise oversight over counties.
Hence, the proposed limitation would not be justifiable as regards members of the National Assembly, the report states.
The panel said the Senate and County Assemblies, in exercising oversight over county governments, are bound to examine the actions and decisions of governors, whether they are still in office or have left.
“If former governors are elected to sit in the county assembly or the Senate, they may be in a position to influence certain outcomes of the ongoing accountability processes,” the report reads.
The committee argued the right to be a candidate for public office is not absolute, and there are already certain limitations to the exercise already provided for in the constitution.
“The right to vie for political office under Article 38(3) is one that can be limited, the limitation has to be reasonable and justifiable,” they said.
Article 24(1) of the constitution provides that a right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable.
“Although the proposed amendment does affect the right to be a candidate for election to certain public offices, the proposed amendment is already envisioned under Article 38(3) and Article 24 on limitation of fundamental rights,” the committee said.
Further, the committee stated that the proposed amendment is not one that requires approval through a referendum.
It can be enacted through parliamentary initiative as provided for under Article 256 of the constitution, the report says.
This would require the Bill to be passed by at least two-thirds of the membership of both Houses.
This is the second attempt to bar persons who have served as governors from vying for other elective offices within the first five years immediately after the end of the term of service.
The first attempt was through a legislative proposal sponsored by the former Trans Nzoia Senator Michael Mbito.
Mbito had sought to bar persons who have served as county governors from vying for the position of president, MP and MCA. However, the proposed law was never introduced in the Senate.
Currently, two former governors are serving as senators. They are Jackson Mandago (Uasin Gishu) and Ali Roba (Mandera).
Last year, the Senate County Public Accounts Committee barred Mandago from attending a meeting grilling his successor over audit queries flagged during his tenure as governor.
The Homa Bay Senator Moses Kajwang-led committee cited conflict of interest and possible intimidation of witnesses.
“This committee has resolved not to allow Mandago to be part of the proceedings over conflict of interest and possible intimidation of witnesses,” said the committee’s chairperson Kajwang’.