The Constitution of Kenya (Amendment) Bill, 2026

Background

The legislative proposal seeks to amend the Constitution of Kenya and the Elections Act, Cap. 7, to address concerns regarding accountability and potential conflicts of interest when former county governors seek election to oversight bodies. County governors are subject to financial and administrative oversight by county assemblies and the Senate, including scrutiny of annual audit reports prepared by the Office of the Auditor General under Section 32 of the Public Audit Act, Cap. 412B. The Bill posits that allowing former governors to immediately vie for or hold seats in these legislative bodies could interfere with ongoing accountability processes and create conflicts of interest.

Key Amendments

The Bill proposes amendments to four key legislative provisions:

• Article 99(2) of the Constitution: This Article, which outlines qualifications and disqualifications for election as a Member of Parliament, is amended by inserting a new paragraph (ba). This new paragraph specifies that a person is disqualified from election to the Senate if they are currently a county governor, or have held office as a county governor at any time within the five years immediately preceding the date of election.
• Article 193(2) of the Constitution: This Article, which outlines qualifications and disqualifications for election as a member of a county assembly, is similarly amended by inserting a new paragraph (ba). It introduces a disqualification for individuals who have held office as a county governor at any time within the five years immediately before the date of election.
• Section 24(2) of the Elections Act, Cap. 7: This section, pertaining to qualifications and disqualifications for nomination as a Member of Parliament, is amended by inserting a new paragraph (ba) to align with the proposed change to Article 99(2). It disqualifies a person from nomination as a Member of Parliament (Senate) if they are a county governor or have held office as a county governor within the five years immediately preceding the date of election.
• Section 25(2) of the Elections Act, Cap. 7: This section, governing qualifications and disqualifications for nomination as a member of a county assembly, is amended by inserting a new paragraph (ba) to reflect the proposed change to Article 193(2). It disqualifies a person from nomination as a member of a county assembly if they have held office as a county governor at any time within the five years immediately before the date of election.

New Obligations

These amendments primarily introduce new disqualifications for aspiring candidates rather than new obligations on individuals or entities. The implicit effect is to require former county governors to allow a five-year period to elapse after their term before seeking election to specific legislative bodies that exercise oversight over county governments.

Penalties

The Bill does not introduce new penalties. The consequence of these amendments is disqualification from election or nomination.

Transitional Provisions

The bill does not contain explicit transitional provisions.