The proposed law, introduced in the Senate by Kirinyaga Senator James Murango, seeks to amend key provisions of Constitution of Kenya and the Elections Act to impose a five-year cooling-off period for former governors before they can vie for positions in the Senate or county assemblies.
If passed, the Constitution of Kenya (Amendment) Bill, 2026 would alter Articles 99 and 193, as well as Sections 24 and 25 of the Elections Act, introducing new eligibility restrictions aimed at addressing potential conflicts of interest.
The proposal comes amid an escalating standoff between governors and senators over accountability, oversight, and control of public funds.
Currently, governors are answerable to both county assemblies and the Senate, with audit queries and financial reviews often continuing even after they exit office.
Murango argues that allowing governors to move directly into legislative roles—particularly within oversight institutions such as the Senate—creates a conflict of interest and risks undermining accountability processes.
“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,” the bill states in part.
According to the sponsor, the five-year restriction would give oversight bodies adequate time to investigate and conclude matters related to a governor’s tenure without undue influence.
Murango argues that allowing governors to move directly into legislative roles—particularly within oversight institutions such as the Senate—creates a conflict of interest and risks undermining accountability processes.
“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,” the bill states in part.
According to the sponsor, the five-year restriction would give oversight bodies adequate time to investigate and conclude matters related to a governor’s tenure without undue influence.
It would also ensure that individuals who once managed county resources do not immediately assume positions tasked with scrutinising those same processes.
The bill was first read in the Senate on March 26, 2026, and is expected to undergo public participation before being debated further in the House.
The proposal has emerged at a time of heightened tensions between the Senate and the Council of Governors (CoG).
The bill was first read in the Senate on March 26, 2026, and is expected to undergo public participation before being debated further in the House.
The proposal has emerged at a time of heightened tensions between the Senate and the Council of Governors (CoG).
Governors have accused some senators of using oversight mechanisms to intimidate and extort them, even boycotting sessions of the Senate’s County Public Accounts Committee (CPAC) in protest.
They claim that some audit summons are issued outside legal timelines and selectively target certain county leaders.
They claim that some audit summons are issued outside legal timelines and selectively target certain county leaders.
The standoff has spilled into the public domain, including a confrontation involving Samburu Governor Lati Lelelit and senators outside Parliament—an incident condemned by the CoG as inappropriate conduct.
In response, the Senate has pushed back strongly, with lawmakers publishing a list of governors who failed to appear before oversight committees to answer questions regarding the use of public funds.
In response, the Senate has pushed back strongly, with lawmakers publishing a list of governors who failed to appear before oversight committees to answer questions regarding the use of public funds.
Some senators have called for sanctions, including arrests and withholding of county allocations.
Senate Speaker Amason Kingi has dismissed the boycott by governors, insisting that compliance with oversight processes is mandatory.
Senate Speaker Amason Kingi has dismissed the boycott by governors, insisting that compliance with oversight processes is mandatory.
He has warned that failure to cooperate could lead to serious consequences, including financial penalties and declarations of unsuitability for public office.
Proponents of the bill say the ongoing dispute underscores the need for structural reforms to safeguard accountability institutions from undue influence.
Proponents of the bill say the ongoing dispute underscores the need for structural reforms to safeguard accountability institutions from undue influence.
They argue that preventing immediate political transitions by former governors would strengthen transparency and public trust.
Murango also maintains that the cooling-off period would give voters sufficient time to assess the performance and integrity of former governors before they seek new elective positions.
“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,” the proposal reads.
The Senate Standing Committee on Justice, Legal Affairs and Human Rights is expected to spearhead public participation on the bill, collecting views from citizens and stakeholders before submitting its report to the House.
Murango also maintains that the cooling-off period would give voters sufficient time to assess the performance and integrity of former governors before they seek new elective positions.
“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,” the proposal reads.
The Senate Standing Committee on Justice, Legal Affairs and Human Rights is expected to spearhead public participation on the bill, collecting views from citizens and stakeholders before submitting its report to the House.
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