Nandi Senator Samson Cherargei..
After being greeted with public outrage, leaders of the ruling United Democratic Alliance (UDA) are now scrambling to stop a controversial bill that seeks to extend the term limits of the president and other elected leaders.
The window of opportunity for the public to have their say on the proposed legislation, which began on October 2, closes in the next few hours, Friday midnight.
While Nandi Senator Samson Cherargei argues that five years is not enough for leaders to fully implement their constitutional mandates, United Democratic Alliance (UDA) Secretary General Hassan Omar has strongly condemned the proposal, describing it as a "juvenile political experiment" not fit for public consumption.
"This is a delinquent affront to our constitutional values that must be stopped now," Mr Omar said of the proposed constitutional amendment to extend the terms of MCAs, MPs, senators and governors to seven years.
The UDA leadership is reportedly concerned that any perception that it supports the bill will be seen as an attempt by its leader, President William Ruto, to extend his stay in office, something his opponents are likely to use to incite the masses against the Kenya Kwanza government.
There are already claims in the opposition that Mr Cherargei is being used by the regime to test the waters and should the experiment go through, it could open the floodgates for other rafts of constitutional change.
As a party, Mr Omar said the UDA disassociates itself from the bill, which had been introduced by one of its elected leaders, as he called on any of its rank and file who were leading, supporting, or in any way associated with it to stop forthwith.
Backing the UDA spokesman's stance, National Assembly Majority Leader Kimani Ichung'wah described the bill as "dead on arrival".
The Kikuyu legislator expressed confidence that the Constitution of Kenya (Amendment) Bill, 2024 will not see the light of day once it lands in the National Assembly.
"This Cherargei bill on term limits is dead on arrival, period. He should save his own time, other senators' time, and taxpayers' money," Mr Ichung'wah said ahead of the Friday deadline for members of the public to submit their views.
In another counter-proposal, a ruling party senator has countered Mr Cherargei's bill to reduce the term limit from five to four years.
In his argument, Kiambu Senator Karungo Thang'wa said his amendment would empower the public to hold their leaders to account frequently and strengthen the country's democratic norms.
The close ally of impeached Deputy President Rigathi Gachagua dismissed Senator Cherargei's proposal as a diversionary tactic to distract Kenyans from pressing national issues such as the economic crisis and government failures.
Mr Cherargei wants to amend Article 136 of the Constitution, which provides for the election of the President, to increase the presidential term from five to seven years.
He also wants to amend Articles 101, 177, and 180 of the Constitution to extend the terms of MCAs, MPs, Senators, and Governors to seven years.
On the other hand, Senator Cherargei's bill also seeks to increase the powers of the Senate by giving it the exclusive mandate to vet and approve state officials, including cabinet secretaries, the attorney general, the director of public prosecutions, the chief justice and judges, among others.
Mr Cherargei's bill also proposes that the Senate, rather than the National Assembly as is currently the case, should have the mandate to initiate petitions for the removal of a member of a constitutional commission or holder of an independent office.
It also provides for both houses of parliament to approve the deployment of the Kenya Defence Forces in any part of the country, a departure from the current scenario where the National Assembly approves such deployment.
The Bill, which was first read in the Senate on 26 September before being referred to the Justice and Legal Affairs Committee for consideration, has been open to public participation since 2 October.
The Senate asked for written memoranda on the Bill to be submitted to the Clerk, Jeremiah Nyegenye, by Friday 25, after which it will pave the way for a public hearing on the Bill.
"The Committee will hold a public hearing on the Bill on Friday 25 October 2024 at 9am at the Senate Chamber, Parliament Buildings, Nairobi. Members of the public are welcome to attend the hearing," the notice reads.
The fate of the bill now hangs in the balance as both supporters and opponents prepare for a crucial showdown in the Senate.
Alex Manyasi, a governance and politics expert, said it was completely impractical for the senators to make such proposals unless they were testing the reaction of Kenyans.
He argued that amendments touching on term limits are dicey and require a referendum because of their serious implications, and therefore cannot be reduced to a parliamentary conversation.
"Either it could be something he is trying to do to test the waters and if people do not react negatively, then he is following due process. I think that is the case," Mr Manyasi said.
"But if that is not the case, then I would imagine there is a lot of ignorance around him," he added.
Another governance expert, Steve Oguttu, added that such proposals could undermine Kenya's position as a beacon of democracy on the continent and signal a push towards dictatorial tendencies where leaders don't want to leave office at the end of their term.
He pointed out that such a move would paint Kenya in a negative light and could put President William Ruto in the same league as Presidents Yoweri Museveni of Uganda and Paul Kagame of Rwanda.
"We cannot say that the President is not aware of this and Cherargei just woke up one day and decided to introduce such a bill. There must be some force behind him," said Mr Oguttu.
"We hope it doesn't go that far. It will take away the democratic rights of Kenyans to elect their leaders within a certain timeframe that they are already used to. It will undermine the democratic gains we have made as a country," he added.
