Opinion divided over whether Malombe should seek re-election

Opinion is divided on whether Kitui Governor Julius Malombe merits to defend the seat in 2027.

There are leaders, including Malombe, who are of the opinion that he needs to be re-elected in 2027 for him to attain his constitutional two terms limit in office.

The argument among the proponents is that by taking another shot at the governorship in 2027, Malombe will be allowed to serve his two consecutive constitutional terms in office.

They insist that the two terms should not be staggered but consecutive. Malombe was elected as the pioneer governor in 2013 but lost the seat in 2017 to former long serving Kitui Central MP and cabinet minister, Charity Ngilu.

He however bounced back in the 2022 polls. The governor has variously and publicly said county chiefs should hold office for two uninterrupted terms to be deemed to have exhausted the constitutional term limits.

Malombe's backers also advance the thinking that there is a constitutional grey area that does not clarify whether governor's term in office should be consecutive or staggered which offers him the leeway to run again and possibly be re-elected in 2027.

But another school of thought differs. They say it would be a serious breach of the constitution for Malombe to run for the governor election in 2027 as if elected, he will serve for three terms outside the two term limits provided for in the constitution.

Those harbouring this thought are of the opinion that Malombe is currently serving his constitutional second and last term as governor that ends in 2027.

They want him to pack and go home come election time. As recent as last Tuesday, immediate former Kitui County Assembly speaker George Ndotto, spoke to the possibility of Malombe legally seeking re-election in 2027.

"The prayers of the majority and yours truly included is that Malombe should be legally free to run for another term as Kitui governor," Ndotto told mourners at a burial ceremony in Kyangwithya West ward in Kitui that was graced by Malombe.

But, Ndotto, a veteran in politics who previously served not only as MP but as a cabinet minister during former president Moi's reign, had a disclaimer saying should it not be legally possible for Malombe to run in 2027, he should pin point an heir to serve Kitui.

A former chairman for the defunct Mwingi County Council Musyoka Wanzili said at a recent public function in Kyuso town in Mwingi North that Malombe deserves another term in office for the superb service he has offered so far.

"The people have the power to change the constitution. If it is not possible for Malombe to continue beyond 2027 let us be called upon to vote to change the constitution so that he continues as governor. He has served us well," he said to a thunderous cheering by the crowd.

Although some top legal minds and human rights crusaders in Kitui say that Malombe cannot find any constitutional opening to continue in office as governor past 2027, lawyer Daniel Mutinda thinks differently.

He told the Star in his office that there was a grey area in the constitution that can be exploited by the likes of Malombe and other 2013 pioneer governors who bounced back to office after serving one term between 2013 and 2017.

"There is need for clarity whether the two terms limit could apply consecutively or in a staggered manner. Unless we get a concrete opinion from the Supreme Court, Malombe and other governors in similar situation stand a chance of seeking re-election in 2027," said Mutinda who served in former President mzee Jomo Kenyatta's cabinet.

Kitui Civil Societies Network chairman Kilonzi Kangangi differs. He said according to Article 180 of the constitution, there is no ambiguity that the term limit for any governor is two terms.

"There is no two ways about it and there is no lacuna. Any governor thinking that he can serve for more than two terms is deluding himself. They are people thirsty for power," Kangangi said.

The Executive Director of the Kitui based Centre for Human Rights and Civic Education organisation Peter Mutemi weighed in saying the hullabaloo on whether or not Malombe should seek another term is neither here nor there.

"I want to tell you the constitution is absolutely clear on the term limit for governors just like the term of the president. The drafter of the constitution didn't leave any lacuna. Kenyans passed it," Mutemi said.

Former Kitui governor Charity Ngilu who left office but harbours intentions to make a come in 2027 polls says there is no gap in the constitution as far as the term limit for governors is concerned.

"I tell you there is no lacuna in the constitution. I was part and parcel of writing the constitution,” Ngilu told told the Kitui ACK church congregants a couple of weeks ago.

She reiterated that Malombe should put his best foot forward in serving the people of Kitui as he prepares to leave office come 2027.