Governors have been handed a big relief after a bill seeking to bar them from running for MP and/or MCA seats at least five years after serving their terms was withdrawn.
Nominated Senator Raphael Chimera withdrew the Constitution of Kenya (Amendment) Bill, 2023 on Tuesday to allow for a broader consultation.
Chimera, who sponsored the radical Bill that triggered disquiet among the county bosses, recalled the proposed law in the second reading.
“I rise to withdraw the said Constitutional of Kenya (Amendment) (No.2) Bill (Senate Bills No.52 of 2023) which is appearing in today’s Order Paper as Order No.10,” Chimera said.
The lawmaker said he wrote to speaker Amason Kingi giving reasons for his action.
He neither tabled the letter nor disclosed the reasons for withdrawal.
“The reasons for my withdrawal are well captured in my letter to you. The contents are well within your knowledge and also the need to ensure a broader consultation on the effects of this Bill,” he said.
In the Bill, Chimera has argued that a governor exercises executive authority at the county level as they are charged with the administrative and financial management of county affairs.
According to Chimera, at the end of the term of office, certain accountability processes would still be ongoing and their outcomes would have a bearing on the suitability of the person to run for another seat.
He sought 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 a county assembly within the first five years immediately after the end of the term of service,” the Bill states in part.
He said governors, in the course of their duties, have to account to the county assemblies and the Senate for any financial and administrative decisions made.
As such, he said, they cannot be allowed to sit in the county assembly or senate that considers financial reports for years when they were in office.
Some 19 governors are currently serving their second and final terms in office.
Some are likely to run for parliamentary seats in 2027.
In the 2022 polls, two outgoing governors were elected as senators.
They are Ali Roba (Mandera) and Jackson Mandago (Uasin Gishu).
Last year, the Senate County Public Accounts Committee locked out senators Roba and Mandago from attending meetings in which their successors were questioned on audit queries during their tenure.
Chimera argues that five years within which the governor who has served a full term would be out, will allow oversight bodies adequate time to inquire into any matters arising from the tenure of a previous holder of the office of governor.
“Voters would have a reference point in making an informed choice as to the suitability of the former governor, to hold another elective office other than the office of the President,” the Bill states.
“There would be an enhancement of the rule of law and accountability in the exercise of public power,” Chimera argued.
Article 180 (1) states that the governor shall be directly elected by the voters registered in the county on the same day as a general election of members of Parliament, being the second Tuesday in August in every fifth year.
Article 38 (3) (c) of the constitution provides that every adult citizen has the right, without undue restrictions, to be a candidate for public office, or office within a political party.
But Chimera argued that there are certain limitations to the right.
He cited Section 24(2) of the Elections Act provides that a person is disqualified from being elected an MP if the person is a state officer or other public officer, other than a member of or has, at any time within the five years immediately preceding the date of election, held office as a member of the commission.
This legislative proposal is the second the Bill that has flopped in Parliament.
The first attempt was through a legislative proposal sponsored by the former senator for Trans Nzoia county, Michael Mbito.
Mbito had sought to bar persons who have served as governors from vying for the position of president, MP and MCA.