Retired Governors to face 10-year audits under new Bill
The proposed law, sponsored by Garissa Senator Abdul Haji, directs the Auditor General to conduct a County Public Service Audit every 10 years to review how counties have been managed.
Governors could be held accountable for their actions long after leaving office if a new bill requiring audits of their tenures every decade becomes law.
The County Governments Laws (Amendment) Bill, 2025 seeks to tighten rules on county leadership, streamline appointments, and prevent wastage in devolved units.
The proposed law, sponsored by Garissa Senator Abdul Haji, directs the Auditor General to conduct a County Public Service Audit every 10 years to review how counties have been managed.
The audit would examine compliance with Article 232 of the Constitution, which outlines public service values such as professional ethics, accountability, transparency, efficient use of resources, public participation, merit in appointments and fair representation of communities.
“Within six months after the end of every 10 years, the Auditor General shall conduct a county public service audit in every county government to assess compliance with Article 232 of the Constitution and Part VII of this Act,” the Bill reads.
The Auditor General would then submit findings to the Senate and the relevant county assembly for debate and further action. This means retired governors could be summoned by oversight bodies or even investigated by anti-graft agencies over misconduct during their time in office.
The first audit would take place within six months after the Bill’s enactment.
“Within three months after receiving the audit report, the Senate and the relevant county assembly shall debate and consider the report and take appropriate action,” the Bill states.
Apart from post-tenure audits, the Bill also targets gaps in county governance. It requires governors to nominate members of the county executive committee within 14 days of assuming office, ensuring counties do not run without executives for prolonged periods.
“A county governor shall, within 14 days of being sworn into office, nominate and deliver to the respective county assembly clerk the names of persons proposed for appointment as members of the executive committee,” it reads.
The county assembly will have 21 days to consider and approve or reject the nominees. Currently, the law does not provide a timeline for such appointments, a loophole that has allowed some governors to delay naming executives, stalling county operations.
“The lack of a timeline for appointing qualified persons to these critical positions has led to inefficiency in service delivery,” the Bill notes.
Another key change is a cap on the number of chief officers at 20, a move meant to control the wage bill. Some governors have appointed up to 30 officers, stretching county budgets.
The Bill also ties the terms of chief officers to those of the governors they serve under.
Further, the amendments propose reforms to the structure and functioning of county public service boards to reduce delays in appointments and clashes with governors.
This, the Bill explains, will help enforce Section 59 of the County Governments Act, which outlines the boards’ mandate.
To promote accountability, the Bill also makes it mandatory for governors to deliver an annual state of the county address before the county assembly, rather than holding separate political events.
If passed, the legislation would not only tighten operational rules for sitting governors but also ensure long-term scrutiny of how county administrations are run.
