Governors will be barred from contesting for Member of Parliament (MP) or Member of County Assembly (MCA) positions for five years if a Bill currently under consideration in the Senate is passed.
The Constitution of Kenya (Amendment) Bill, 2026, sponsored by Kirinyaga Senator James Murango, seeks to bar former county chiefs from vying for the two elective positions in order to prevent potential conflicts of interest in institutions that are constitutionally mandated to oversee them.
The proposed legislation seeks to amend Articles 99 and 193 of the Constitution, as well as Sections 24 and 25 of the Elections Act (Cap. 7, Laws of Kenya), to introduce a new ground for disqualification from elective office.
“The object of the legislative proposal is to amend Articles 99(2) and 193(2) of the Constitution of Kenya, as well as Sections 24(2) and 25(2) of the Elections Act, Cap. 7 of the Laws of Kenya, to bar persons who have served as county governors from vying for election as Members of Parliament or Members of County Assembly for the first five years immediately after leaving office,” reads the Bill.
Mr Murango argues that barring former governors from contesting would allow ongoing accountability processes related to county administration and financial management to be completed, as these have a direct bearing on the suitability of former governors for other elective positions.
“Since the Senate and county assemblies directly exercise oversight over county governments through examination of audit reports and holding governors accountable for their decisions, allowing former governors to sit in these legislatures would create a conflict of interest and interfere with decision-making processes,” the Bill states.
The Senator further argues that the five-year cooling-off period would allow oversight institutions sufficient time to carry out their mandate without interference.
“Oversight bodies would have adequate time to inquire into any matters arising from the tenure of a previous county governor without interference from the former office holder, which is highly likely if such a person is elected as a Member of County Assembly or to the Senate,” the Bill adds.
He also notes that the five-year period would give voters time to make informed decisions based on accountability reports before electing former governors to other offices.
“Barring former county governors from vying for elections will allow ongoing accountability processes related to administration and financial management to be completed, as these have a bearing on their suitability for other elective positions,” the Bill states.
In the course of their duties, county governors are required to account to county assemblies and the Senate for financial and administrative decisions made during their tenure.
Annual audit reports prepared by the Office of the Auditor General are submitted to the Senate and relevant county assemblies under Section 32 of the Public Audit Act, Cap. 412B, for scrutiny.
Concerns have been raised over the possibility of former governors influencing accountability processes if elected to the Senate or county assemblies.
The Bill is likely to escalate tensions between Senators and Governors, who are already at loggerheads over appearances before Senate committees for audit queries.
Governors have in the past protested appearing before the Senate County Public Accounts Committee (CPAC), alleging intimidation, extortion, and political witch-hunts. They claim some senators demand bribes in exchange for favourable audit recommendations.
Some governors have also questioned the validity of audit reports they are summoned to respond to, arguing that they are often submitted outside stipulated timelines and are being used to unfairly target them.
The proposed legislation is seen by some as a strategy by senators to deal with governors who evade accountability proceedings.
The Bill will be subjected to public participation, where stakeholders, including governors through the Council of Governors, will be invited to present their views.
The Justice, Legal Affairs and Human Rights Committee will then compile a report incorporating public input to inform debate at the second reading stage.
