NAIROBI, Kenya – A new constitutional amendment bill has been tabled in the Senate, setting the stage for a politically charged debate over the eligibility of former county bosses to return to elective office immediately after leaving executive positions.
The Constitution of Kenya (Amendment) Bill, 2026 seeks to amend Articles 99 and 193 of the Constitution, as well as Sections 24 and 25 of the Elections Act (Cap 7), to bar serving or former governors who exit office within five years of an election from contesting Senate or county assembly seats.
The proposal is framed as a governance safeguard aimed at insulating oversight institutions from political interference by former executives.
Under the current devolution framework, governors are required to account to both county assemblies and the Senate on financial and administrative decisions, even after leaving office, through audit reports submitted by the Office of the Auditor General.
The sponsor of the Bill, Kirinyaga Senator James Murango, argues that the proposed “five-year cooling-off period” is necessary to preserve institutional integrity and allow accountability processes to be concluded without undue influence from former office holders.
“Allowing former governors to immediately transition into legislative roles within these same bodies would create a conflict of interest and potentially interfere with ongoing accountability processes,” he said.
Murango further defended the proposal as a mechanism to strengthen oversight outcomes and restore public confidence in devolution accountability.
“Barring former county governors from vying for elections will allow ongoing accountability processes related to the administration and financial management of counties to be completed,” Senator Murango said.
“Oversight bodies would have adequate time to inquire into matters arising from the tenure of a previous holder of the office of county governor without interference by the former governor, which is highly likely, particularly if the person is elected as a member of a county assembly or to the Senate.”
He added that the cooling-off period would also enhance voter decision-making by ensuring audit findings are fully concluded and available for public scrutiny.
“Voters would have a reference point in making an informed choice on the candidate’s suitability for another elective office since all accountability processes would have been completed,” he added.
The Bill, which was read a First Time in the Senate on March 26, 2026, lands at a moment of heightened political tension between senators and governors, with relations between the two levels of government deteriorating over financial accountability and oversight authority.
Governors have in recent months boycotted sessions of the Senate County Public Accounts Committee (CPAC), accusing some senators of intimidation, extortion and politically motivated witch-hunts. They allege that audit queries are being used as leverage in what they term a “pay-to-play” system to secure favourable reports.
Some county bosses have also questioned the timing and validity of audit reports, arguing that they are being selectively targeted and subjected to unfair scrutiny.
The standoff escalated further after a confrontation involving senators and Samburu Governor Lati Lelelit outside Parliament, an incident described by the Council of Governors (CoG) as “hooliganism.”
In response, the CoG resolved to boycott CPAC proceedings until their concerns over the conduct of certain committee members are addressed, while still expressing willingness to appear before other Senate committees.
Against this backdrop, the proposed amendment is being positioned by its sponsors as a corrective measure to reduce friction between oversight and executive ambition within county politics.
Currently, among sitting legislators, Senators Jackson Mandago (Uasin Gishu County) and Ali Roba (Mandera County) are former governors who have completed full terms before transitioning to the Senate, underscoring the political sensitivity surrounding the proposed reforms.
