Auditor General Nancy Gathungu
Governors whose administrations are tainted by malpractices could face the music in retirement if a new bill on auditing their tenures becomes law.
The County Governments Laws (Amendment) Bill, 2025, also requires governors to nominate county executives within 14 days of their swearing-in, so governors don’t run counties solo.
It caps the number of executives at 20, preventing county bosses from expanding the wage bill by appointing more officers than needed.
The proposed law stipulates a mandatory state of the county address by governors each year before the assembly, not a separate political occasion.
The Bill sponsored by Garissa Senator Abdul Haji has been published for introduction in the Senate for first reading.
In what could spell tough times for retired governors, the Bill provides that the Auditor General shall conduct a County Public Service Audit every 10 years.
“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.
Article 232 establishes public service values and principles. They include high professional ethics, efficient resource use, accountability, transparency, public participation in policy-making, fair competition and merit in appointments and representation of diverse communities.
A County Public Service Audit is a systematic review assessing a county’s public service's effectiveness, efficiency and compliance with laws and policies.
It focuses on human resources, financial management and overall governance to ensure ethical, legal and productive operations and service delivery.
The Auditor General shall submit the investigative report to the Senate and the relevant county assembly for consideration.
This could see retired governors summoned by oversight bodies or even investigated by anti-graft agencies over irregularities during their tenure.
The first audit would be conducted within six months of 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,” it reads
The Bill aims to curb the practice whereby governors run their administrations solo for long periods after being elected, without county executives. It mandates them to nominate and submit names to the county assembly for vetting within 14 days of being sworn in.
“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,” the Bill reads.
The County Governments Act does not provide a time frame within which executive committee members are to be nominated, vetted and appointed.
The county assembly shall consider and determine the approval of a nominee for appointment as a member of the executive committee within 21 days of receipt of the name.
Currently, the law sets no deadline, a loophole that has left some counties operating for months without executives.
“The lack of a timeline for appointing qualified persons to these critical positions has led to inefficiency in service delivery,” the Bill reads.
In yet another radical amendment, the Bill caps the number of chief officers at 20. Some governors have appointed as many as 30 chief officers, worsening the wage Bill.
The terms of the chief officers are also tied to the terms of the governor.
The Bill proposes to amend the terms of service of county public service boards. It aims to reduce delay in appointments and difficulties in county management due to conflicts between the boards and the governors. The amendment ensures compliance with Section 59 of the County Governments Act.
The Bill also mandates governors to deliver annual state-of-the-county addresses before their county assemblies to ensure they are delivered in the proper forum.
Instant analysis
A new Bill would shake up county governments and make governors
more accountable. Their tenures would be audited every 10 years, the number of
executives capped at 20 and swift nomination and appointment required so county
chiefs can’t play lone ranger.
