Bid to bar retiring governors from seeking legislative seats splits MPs

A proposed law that seeks to bar retiring governors from contesting county assembly and Senate seats within five years after the end of their terms is facing imminent collapse in the Senate.

Fierce opposition from senators harbouring ambitions to become governors has sprouted against the Constitution of Kenya (Amendment) Bill, 2023 which, if passed, will see governors stopped from vying for election as senators or ward reps for the first five years immediately after the end of their terms.

However, the proposed legislation that was sponsored by nominated Senator Raphael Chimera faces resistance from a majority of the MPs, who argue that it will limit political rights and freedoms should it sail through.

Nandi Senator Samson Cherargei, Vihiga’s Godfrey Osotsi and their Kiambu counterpart Karungo Thang’wa, who are eyeing governor seats in their respective counties, have been especially vocal against the bill.

Senator Chimera said the proposed law aims to allow for certain ongoing accountability processes, such as the auditing of county government accounts, to be concluded.

The outcome of such processes, he said, would have a bearing on whether a retiring governor was suitable to hold any other elective office.

The lawmaker pointed out that governors have to account to county assemblies and the Senate for any financial and administrative decisions they make.

Second reading stage

Senator Cherargei, while opposing the Bill during debate at the second reading stage, argued that the Bill flouts constitutionally guaranteed rights and freedoms and also stifles political competition.

“We are treating the symptoms and not the disease. If governors want to run for a Senate seat, so be it,” said Mr Cherargei.

But Mr Chimera countered that limiting retiring governors from running for Senate or county assembly seats is reasonable and justifiable; the offices directly exercise oversight of county governments.

He said the five-year “cooling period” will give the Senate and the county assembly time to look into audit issues raised against retiring governors without undue interference from the immediate former office holders.

The senator argued that is the only way to achieve real, tangible and results-oriented oversight.

“It is impossible to summon a sitting senator to come before any oversight committee of this House to answer audit questions raised relating to his tenure as a governor,” he said.

While supporting the Bill, Kakamega Senator Boni Khalwale said the proposed law will inculcate a culture of integrity.

Dr Khalwale cited the case of Bungoma Governor Kenneth Lusaka, who served as Senate Speaker between 2017 and 2022 after serving one term as governor from 2013 to 2017.

Corrupt dealings

“We are not in the realm of theory but reality. Are you telling me that when Mr Lusaka was [the Speaker], there were no questions of oversight arising from his [first] tenure in Bungoma County?” Dr Khalwale posed.

Nominated Senator Gloria Orwoba said the proposed law would curb conflict of interest cases. She argued that some retiring governors would be seeking seats in the Senate and county assemblies to cover up their corrupt dealings during their terms in office.

“We are not saying that we should completely stop retiring governors from vying. We even have a presidential term limit. That has nothing to do with opposing or limiting someone’s political career. It is simply ensuring accountability,” said Ms Orwoba.

“Immediately after your tenure as a governor, you cool off for five years. This is so that you do not have an opportunity to go to the Senate or the county assembly to meddle with investigations regarding your corrupt dealings while in office,” she added.

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