Constitution Amendment Bill 2026: Proposal Targets Former Governors Seeking Elective Office
By Shiled Jerono | October 1, 2026
A Constitution of Kenya (Amendment) Bill before the Senate proposes changes affecting constitutional and electoral provisions, including a restriction involving former county governors seeking elective office.
What the Proposal Says
Parliament’s public-participation notice states that the Bill includes a proposal to restrict former county governors from seeking elective office within five years of leaving office.
Where the Bill Is in the Process
The Bill was read a First Time in the Senate in March 2026 and committed to the Standing Committee on Devolution and Intergovernmental Relations. Parliament subsequently invited public views and held a public hearing.
Why Constitutional Bills Require Extra Scrutiny
Constitutional amendments face procedures beyond ordinary legislation. Depending on the provisions affected, an amendment can require enhanced parliamentary thresholds and, in some cases, approval through a referendum.
What Is Not Settled
The proposal has not become part of the Constitution merely because it has been introduced. Its final wording and legal effect depend on the remaining constitutional and parliamentary process.
Which Offices Would Be Affected?
The proposal is narrower than a general ban on former governors returning to politics. The memorandum to the Bill says it would bar a person who has served as a county governor from seeking election as a Member of Parliament or member of a county assembly for the first five years after leaving office.
The sponsors argue that the cooling-off period would allow audit, accountability and other oversight processes relating to a governor’s previous administration to continue without the former governor immediately moving into another elective oversight role.
Why the Proposal Is Constitutionally Significant
The Bill proposes amendments to Articles 99 and 193 of the Constitution as well as corresponding provisions of the Elections Act. Because the proposal changes constitutional qualifications for elective office, it must follow the constitutional amendment process rather than the ordinary procedure used for most statutes.
That means the exact route to enactment depends on the constitutional provisions affected and the approvals required under the Constitution. Until those steps are completed, former governors remain governed by the law currently in force.
