Senate Bill proposes five-year ban for ex-governors from legislative seats

Former county governors could be locked out of Senate and county assembly races for five years after leaving office if a new constitutional proposal currently before the Senate is approved, in a move aimed at tightening oversight and reducing possible conflicts of interest in county governance.

The Constitution of Kenya (Amendment) Bill, 2026, sponsored by Kirinyaga Senator James Murango, is seeking to create a mandatory waiting period before former governors can re-enter elective politics in positions that supervise county operations and finances.

Murango is pushing the Bill as a way of strengthening accountability structures and ensuring that individuals who previously ran county governments do not immediately transition into roles that scrutinise their own past decisions.

The proposal seeks to amend Articles 99 and 193 of the Constitution, alongside Sections 24 and 25 of the Elections Act (Cap 7), introducing new disqualification rules for former governors seeking elective office.

Under the changes, Article 99 would be revised to bar any person from being elected to the Senate if they have served as a county governor within five years before the election. A similar restriction is proposed for county assembly seats under Article 193.

The Bill further aligns the Elections Act with the constitutional amendments to ensure the same five-year restriction applies consistently in both Senate and county assembly elections.

Murango argues that the change is necessary because governors are directly accountable to the Senate and county assemblies during and after their tenure, especially through audit processes that examine use of public funds.

He says allowing former governors to immediately join these legislative bodies creates a situation where oversight may be compromised due to their recent role in county leadership.

“Article 99 of the Constitution is amended to introduce a new disqualification under clause (2)(ba), providing that a person is disqualified from being elected to the Senate if the person is a county governor, or has at any time within five years immediately preceding the election held office as a county governor,” reads the Bill.

The same approach is extended to county assemblies, where the Bill states, “Article 193 of the Constitution is amended by inserting a new disqualification under clause (2)(ba), stating that a person is disqualified from being elected as a member of a county assembly if they have, within five years immediately before the election date, held office as a county governor.”

Murango says the proposed cooling-off period is meant to protect ongoing accountability processes from interference by individuals who may still have influence over county systems.

“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.

He further argues that audit and oversight procedures require time to be completed properly before former office holders return to the political space.

“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,” 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 also noted that completed accountability reports would help voters make more informed choices during elections.

“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 said.

The Bill, which had its First Reading in the Senate on March 26, 2026, comes amid rising tension between governors and senators over financial accountability and scrutiny of county spending.

The disputes have seen governors and senators clash over audit queries, with governors accusing Senate committees of intimidation during hearings, while senators insist they are performing their oversight role.

The Council of Governors has also been in disagreement with the Senate over how accountability sessions are conducted, with counties raising concerns about what they describe as selective scrutiny and pressure during proceedings.

The tensions escalated following a confrontation involving Samburu Governor Lati Lelelit outside Parliament, an incident that further strained relations between the two sides.

Governors have at times boycotted Senate committee sessions, while senators have accused some county chiefs of failing to honour summons for accountability hearings

The Senate Standing Committee on Justice, Legal Affairs and Human Rights is expected to oversee public participation on the Bill before compiling a report for further debate in the Senate.

A similar proposal introduced in 2023 was later withdrawn before reaching the final voting stage. Currently, former governors such as Senators Jackson Mandago and Ali Roba serve in the Senate after completing their county terms.