ππππππ Evaluates Chimera’s Proposed Constitutional Amendment
The Senate Committee on Justice, Legal Affairs, and Human Rights (JLAHRC) convened today to further scrutinize Senator Raphael Chimera’s 2023 Constitution of Kenya (Amendment) Bill. This proposed amendment aims to impose a five-year cooling-off period on former county governors’ political pursuits following the conclusion of their terms. The primary objective is to allow ongoing accountability processes, such as the audit of county government accounts, to reach completion before former governors seek other elective positions.
The Speaker referred this amendment to JLAHRC for pre-publication scrutiny and commentary. Since their convening last month, the committee has focused its assessment on two key aspects.
Firstly, the committee is examining the amendment’s constitutionality, which is grounded in Article 38(3)(c) of the Kenyan Constitution. This article guarantees adult citizens the right to stand for public office but also allows for reasonable and justifiable limitations, as detailed in Articles 99(2) and 193(2).
The proposed amendment, which seeks to limit former county governors from pursuing other public offices, has raised critical questions about its fairness, justification, selectivity, and its potential application to state offices, including positions in the National Assembly.
Secondly, the committee is assessing whether the proposed amendment necessitates a referendum, as prescribed by Article 255 of the Constitution. Although it has an impact on candidacy for public offices, it seems to align with existing constitutional provisions (Article 38(3) and Article 24), suggesting that parliamentary channels (Article 256) may suffice.
The crux of the matter revolves around the reasonableness and justifiability of these candidacy limitations. Concerns have been raised about the possibility of former county governors exerting influence over accountability processes if they are elected to the Senate or county assemblies.
In response to these concerns, the committee is contemplating the idea of restricting former governors from running for specific positions, such as senatorial or county assembly roles, given their oversight responsibilities in county governance. Additionally, the proposal emphasizes the importance of requiring justifications for limiting individuals who have not been deemed unfit for office, in accordance with the presumption of innocence as enshrined in Article 50 of the Constitution.
JLAHR Chaired by Senator Wakili Hillary Sigei will present the committee’s findings to the Speaker in the coming days. It will be the Speaker’s prerogative to decide whether this proposed Amendment should be published.
During today’s meeting, Senator Sigei was joined by Vice Chair Senator Raphael Chimera and fellow Senators Karen Nyamu, Okiya Omtatah, Fatumo Dullo, and Veronicah Maina.
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