- The bill is before the Senate Committee on Justice and legal.
- The committee's findings will be presented back to the Speaker who will decide whether it should be published.
Image: COURTESY
The Senate Committee on Justice and Legal Affairs met Tuesday to scrutinise a bill that seeks to impose a five-year ban on former governors from running for parliamentary seats.
The 2023 Constitution of Kenya (Amendment) Bill is sponsored by Nominated Senator Raphael Chimera.
The Speaker referred the Bill to the committee for pre-publication scrutiny and commentary.
The primary objective of the bill is to allow ongoing accountability processes, such as the audit of county government accounts, to reach completion before former governors seek other elective positions.
Since their convening last month, the committee has focused its assessment on two key aspects.
It examines the amendment's constitutionality, which is grounded in Article 38(3) (c) of the Kenyan Constitution and whether the proposed amendment necessitates a referendum.
The proposed amendment, which seeks to limit former county governors from pursuing other public offices, has raised critical questions about its fairness, justification, selectivity, and its potential application to state offices, including positions in the National Assembly.
Although it has an impact on candidacy for public offices, it seems to align with existing constitutional provisions (Article 38(3) and Article 24), suggesting that parliamentary channels (Article 256) may suffice.
Concerns have been raised about the possibility of former county bosses exerting influence over accountability processes if they are elected to the Senate or county assemblies.
In response to these concerns, the committee is contemplating the idea of restricting former governors from running for specific positions, such as senatorial or county assembly roles, given their oversight responsibilities in county governance.
Additionally, the proposal emphasizes the importance of requiring justifications for limiting individuals who have not been deemed unfit for office, in accordance with the presumption of innocence as enshrined in Article 50 of the Constitution.
The committee chaired by Bomet Senator Hillary Sigei is set to present the committee's findings to the Speaker who will decide whether this proposed amendment should be published.