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Post Reply: Senate Bill Introduces 10-Year Audits to Ensure Governor Accountability Post-Tenure

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on August 28, 2025, 7:30 am</div><div id="pl-7743"  class="panel-layout" ><div id="pg-7743-0"  class="panel-grid panel-no-style" ><div id="pgc-7743-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7743-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">A groundbreaking legislative proposal in Kenya aims to strengthen oversight of county administrations by holding governors accountable for their actions long after they leave office. The County Governments Laws (Amendment) Bill, 2025, introduced by Garissa Senator Abdul Haji, mandates comprehensive audits every decade to scrutinize county public service operations. This initiative seeks to ensure compliance with constitutional principles, curb mismanagement, and enhance governance efficiency in Kenya’s devolved units.</p>
<p dir="ltr">The cornerstone of the bill is a requirement for the Auditor General to conduct a County Public Service Audit every 10 years. This audit will evaluate how well counties adhere to Article 232 of the Kenyan Constitution, which emphasizes key public service values such as professionalism, transparency, accountability, efficiency, merit-based appointments, public involvement in decision-making, and fair representation of communities. The legislation stipulates that these audits must commence within six months after the end of each 10-year period, with the first round to begin within six months of the bill’s enactment.</p>
<p dir="ltr">Upon completion, audit findings will be submitted to the Senate and respective county assemblies for review. Within three months of receiving the report, these bodies are required to debate the findings and take appropriate action. This mechanism ensures that irregularities identified during a governor’s tenure can lead to investigations by anti-graft agencies, potentially summoning retired governors to answer for past mismanagement. The bill’s long-term accountability framework marks a significant step toward ensuring sustained scrutiny of county leadership.</p>
<p dir="ltr">Beyond post-tenure audits, the bill introduces measures to address critical governance gaps in county administrations. One key provision mandates that governors nominate members of the county executive committee within 14 days of being sworn into office. These nominations must be submitted to the county assembly clerk for approval or rejection within 21 days. Current laws lack such timelines, often resulting in prolonged delays that hinder service delivery and leave counties without essential leadership. The bill highlights that these delays have historically caused inefficiencies, and the proposed timelines aim to streamline county operations from the outset of a governor’s term.</p>
<p dir="ltr">To tackle the issue of bloated payrolls, the bill caps the number of chief officers per county at 20. Some governors have appointed as many as 30 chief officers, placing significant strain on county finances. The legislation aligns the terms of these officers with those of the appointing governor, ensuring consistency and reducing unnecessary expenditure. By setting this limit, the bill aims to promote fiscal responsibility and prevent counties from overextending their budgets on administrative costs.</p>
<p dir="ltr">The bill also targets inefficiencies in county public service boards, which are responsible for appointments and human resource management. By introducing reforms to reduce delays and conflicts between these boards and governors, the legislation seeks to enhance compliance with Section 59 of the County Governments Act. This section outlines the operational framework for county public service boards, and the proposed changes aim to foster smoother collaboration and more effective governance.</p>
<p dir="ltr">Another significant reform requires governors to deliver an annual state of the county address before the county assembly. This formal presentation ensures that accountability is maintained through an official platform, rather than through separate political events that may lack transparency or structure. The address will provide a regular opportunity for governors to report on their administration’s progress, challenges, and plans, fostering greater public engagement and oversight.</p>
<p dir="ltr">If passed, the County Governments Laws (Amendment) Bill, 2025, will reshape the landscape of county governance in Kenya. By enforcing timely appointments, controlling wage bills, and introducing long-term audits, the legislation establishes a robust framework for accountability. Former governors will face scrutiny for their actions years after leaving office, ensuring that mismanagement cannot be easily evaded. The bill’s emphasis on constitutional compliance and efficient service delivery reflects a broader commitment to strengthening Kenya’s devolved system of government.</p>
<p dir="ltr">The introduction of the bill has sparked discussions about the need for greater accountability in county governance. As counties continue to play a pivotal role in Kenya’s development, ensuring that leaders uphold public service principles is critical. The Senate and county assemblies will play a central role in implementing the bill’s provisions, with their debates and actions shaping the future of county oversight. Stakeholders, including the public and anti-graft agencies, are likely to closely monitor the bill’s progress as it moves through the legislative process.</p>
<p dir="ltr">The County Governments Laws (Amendment) Bill, 2025, represents a bold step toward fostering transparency, accountability, and efficiency in Kenya’s counties. By addressing longstanding governance challenges and introducing mechanisms for sustained oversight, the legislation aims to ensure that county leaders serve the public with integrity, both during and after their tenure.</p>
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