Governors to “cool off” for five years before vying for Senate, MCA seats in proposed law

A new Senate Bill sponsorerd by Kirinyaga Senator James Murango seeks to bar current and former governors from vying for Senate and MCA seats for five years after leaving office.

A Bill has been introduced in the Senate seeking to amend the Constitution and the Elections Act to bar serving or former governors who leave office within the five years immediately preceding an election from contesting for seats in the Senate or county assemblies.

The Constitution of Kenya (Amendment) Bill, 2026, proposes 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 new disqualifications and avert potential conflicts of interest by ensuring they do not sit in bodies meant to oversee them.

During the course of their duties, governors have to account to their respective county assemblies and the Senate for financial and administrative decisions.

The sponsor of the Bill, Kirinyaga Senator James Murango, argues that by imposing “a five-year cooling-off period”, the Bill aims to ensure that oversight institutions have sufficient time to complete inquiries into the conduct of former county bosses without undue influence.

“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.

The Bill, which was read a First Time in the Senate on March 26, 2026, comes at a time senators and governors are engaged in a fierce standoff centred on financial accountability and the management of public funds, resulting in near-physical face-offs and calls for the arrest of several county chiefs.

Governors have been boycotting hearings of the Senate County Public Accounts Committee (CPAC) over alleged extortion, intimidation and political witch-hunts orchestrated by some senators, who they claim demand millions of shillings to clear audit queries, turning oversight into a “pay-to-play” scheme.

Some governors have also questioned the validity of appearing to answer audit reports they believe are submitted outside timelines, arguing that they are being singled out for persecution.

The standoff escalated into physical tension when senators confronted Samburu Governor Lati Lelelit outside Parliament, a scene described as “hooliganism” by the Council of Governors (CoG).

The CoG has formally resolved to boycott CPAC sessions until their concerns regarding the conduct of specific committee members are addressed, although they have expressed willingness to appear before other committees.

The Senate responded by naming over 10 governors in a “list of shame” who failed to appear to answer audit queries regarding the expenditure of billions of shillings, with some senators calling for arrests and fines.

Speaker Amason Kingi dismissed the boycott, stating that “selective compliance” with the law is not permitted, with senators threatening severe action against non-compliant governors, including withholding funds for counties that fail to account for public money and declaring governors unfit to hold public office.

The standoff lends credence to the justification for the amendment, as governors are subject to oversight by the Senate and county assemblies during their tenure.

Audit reports prepared by the Office of the Auditor General are submitted to these bodies for scrutiny even after governors have left office.

“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.”

The senator further argues that the “cooling-off” period is necessary, as audit outcomes would help determine the suitability of a former county governor to hold any other elective position.

“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 Senate Standing Committee on Justice, Legal Affairs and Human Rights is expected to facilitate public participation on the proposals, pursuant to standing order 145 of the Senate Standing Orders.

The committee will take into account the views and recommendations of the public when it submits its report to the Senate.

The Constitution of Kenya (Amendment) Bill, 2023, sponsored by Nominated Senator Raphael Chimera, sought to introduce similar measures proposed by Senator Murango, but was withdrawn.

Currently, there are two senators who served full terms as governors prior to their election to the Senate - Senator Jackson Mandago (Uasin Gishu County) and Senator Ali Roba (Mandera County).