Senators seek to tighten noose on rogue governors with proposed law

County governments could soon be required to obtain accountability clearance from the Senate before accessing funds from the Controller of Budget (CoB).

The Senate is considering this bold move to rein in governors accused of evading accountability for billions of shillings entrusted to them by taxpayers.

The proposal comes amid a fresh push by lawmakers to bar former governors from contesting parliamentary or county assembly seats immediately after leaving office.

“Accountability is something we cannot compromise or argue about. It is incumbent upon the governors to be accountable,” Senate County Public Accounts Committee chairman Moses Kajwang’ said.

The move follows increasing tensions between governors and Senate watchdog committees, with several county bosses boycotting hearings over claims of harassment, intimidation and political witch hunts.

Senators argue that such defiance undermines oversight of public funds and exposes taxpayers’ money to mismanagement.

Under the proposed amendment to the Public Audit Act, counties would be required to secure mandatory clearance from the Clerk of the Senate before funds can be released by the CoB.

The law aims to compel governors to appear before the County Public Accounts Committee (CPAC) and answer questions on the financial management of their counties.

According to Senate, failure by governors to honour committee summons has become a recurring problem.

“Some county bosses have repeatedly failed to honour invitations, thereby contravening their constitutional and statutory duty to account for funds allocated to their counties,” Nandi Senator Samson Cherargei said.

The Senate plans to formalise this process so that the CoB would rely on a letter from the Clerk of the Senate confirming whether a governor or accounting officer has failed to appear or has complied with a committee summons.

Lawmakers argue this will strengthen oversight, enforce accountability, and send a clear message to county leaders that defiance will have consequences.

“Disregard of Senate invitations and summons sets a dangerous precedent. It erodes transparency, accountability, and respect for constitutional institutions,” Kajwang’ added.

Meanwhile, a constitutional amendment bill has been introduced to bar governors from contesting political office within the first five years after leaving office.

The Constitution of Kenya (Amendment) Bill, 2026, sponsored by Kirinyaga Senator James Murango, seeks to amend Article 180 of the Constitution. 

“A person who has served as a county governor shall not be eligible to be elected as President, member of Parliament, or member of a county assembly within the first five years immediately after the end of the term of service,” the bill states.

Murango argued that governors, by virtue of their executive powers, are responsible for the administrative and financial management of counties.

He believes many seek elective positions shortly after leaving office to shield themselves from accountability.

“My feeling is that many governors want to vie for other positions, including president and senator, just to cover their past mistakes,” Murango said.

“They should be barred for at least five years. This period is enough for audit, accountability, and investigative agencies to review their term in office. If there was wrongdoing, they are prosecuted; if none, they are free to vie for any seat.”

This is the third attempt to introduce a similar bill in the Senate. Previous efforts by former Trans Nzoia Senator Michael Mbito and nominated Senator Raphael Chimera failed after the bills were withdrawn.

Murango insisted that limiting eligibility for five years allows accountability processes to conclude, ensuring that only those cleared of financial or administrative misconduct are eligible for elective positions.

The bill, if passed, could reshape Kenya’s political landscape by holding former governors to account while tightening oversight of public resources at the county level. Senators insist it is a necessary step to protect taxpayers’ money and restore public confidence in devolved governance.