You have until Friday to give views on 7-year term limit for President, MPs

Friday will be the last day for members of the public to submit their views on the controversial Bill seeking to extend the term of office of the President and other elected leaders from five to seven years.

This comes amid outrage over the proposal contained in the Constitution of Kenya (Amendment) Bill, 2024 by Nandi Senator Samson Cherargei (UDA).

The Bill has been undergoing public participation since October 2, before the Senate Committee on Justice and Legal Affairs.

The Senate had invited the submission of written memoranda on the Bill to the Senate Clerk Jeremiah Nyegenye before Friday.

The submissions will then pave the way for the public hearing into the piece of legislation on Friday.

“The committee will hold a public hearing on the Bill on Friday, October 25, 2024 at 9am in the Senate Chamber, Parliament Buildings, Nairobi. Members of the public are welcome to attend this hearing,” reads the public notice.

The legislative proposal also seeks to create the office of the prime minister who shall be appointed by the president from among the MPs from the party or a coalition of majority parties in Parliament, serving at the pleasure of the President.

Backward Bill

The ruling party UDA has, however, sought to distance itself from the Bill.

“The party therefore dissociates itself from the repugnant and backward Bill and calls any of its ranks and file who leads, supports or is, in any manner whatsoever, involved with it, to order: The Bill is incompatible with our policy and aspirations. This juvenile political experimentation and delinquent affront to our constitutional values must now be crushed to a halt,” UDA Secretary-General Hassan Omar said a few days ago.

The premier shall be the head of government, responsible for the day-to-day administration of the government and shall be accountable to Parliament.

The Bill was read for the first time in the Senate on September 26, before being committed to the Justice and Legal Affairs Committee for consideration.

“The Bill proposes to amend Article 136 of the Constitution, which provides for election of the President, to increase the term of President from five years to seven years,” the Bill states.

Further, the Bill seeks to amend Articles 101, 177 and 180 of the Constitution to extend the terms of MPs, senators, MCAs and governors to seven years.

However, the contentious proposal has been met with outrage with some quarters terming the plan impractical and dead on arrival.

Constitutional and governance experts as well as MPs have described the proposal by Senator Cherargei as a diversionary tactic to test the waters.

Governance and policy expert Alex Manyasi said the proposal is completely impractical unless the senator is testing Kenyans’ reaction.

He argued that amendments touching on term limits are dicey and require a referendum because of their serious implications and hence cannot be reduced to a parliamentary conversation.

“Either it could be something he is trying to do to test the waters, and if people are not reacting negatively, then they follow due process. I think that is the case,” said Mr Manyasi.

“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, said that such proposals could erode Kenya’s position as a beacon of democracy on the continent and signal a push for dictatorial tendencies where leaders do not want to leave office at the end of their terms.

Dead on arrival

He pointed out that such a move would paint Kenya negatively and could place President William Ruto in the same league as President Yoweri Museveni (Uganda) and Paul Kagame (Rwanda).

“We cannot say the President is not aware of it and Cherargei just woke up one day and decided to come up with such a Bill. There must be some force behind him,” said Mr Oguttu.

Nairobi Senator Edwin Sifuna said the proposal was dead on arrival and manifestly undemocratic.

“I don’t know the purpose of extending terms and what it will serve. The President has a collective term of 10 years and that is adequate,” said Nominated Senator Catherine Mumma.

Homa Bay Senator Moses Kajwang' said if the country needs any constitutional amendment, then it should be to reduce the burden of political leaders on the common man.

ODM deputy party leader Godfrey Osotsi described Mr Cherargei’s proposal as diversionary meant to derail the implementation of the Bills emanating from the National Dialogue Committee report.

“Kenya Kwanza should focus on speedy implementation of the Nadco report which includes some of the proposals he is making. Any attempts to derail or delay the Nadco report shall be vehemently resisted,” said the Vihiga Senator.

Busia Senator Okiya Omtatah rejected the proposal, questioning the rush to change the Constitution when it is yet to be fully implemented.

He said the proposed amendment will infringe upon the fundamental principles enshrined in Article 255 which explicitly stipulates that any amendment concerning critical matters such as the term of office of the President; must be enacted following a rigorous process that includes a referendum.

The senator said the issues highlighted in Article 255 are not merely procedural or a suggestion; they are the bedrock of our democratic society.

“Allowing this amendment to progress without the necessary referenda is not only a violation of our constitutional provisions but sets a dangerous precedent that could erode the very foundations of our governance and democracy,” said Mr Omtatah.

“We must prioritise the integrity of our Constitution, which reflects the supremacy and will of the people and protects their rights. We must ensure that any alterations to our Constitution are conducted transparently, democratically, and in accordance with the provisions set forth in our supreme law.”

The latest proposal follows another one in November 2022, when Fafi MP Salah Yakub proposed the removal of the presidential term limit.

75 years age limit

In the outrageous proposal, the UDA MP wanted two five-year term limits to be replaced with an age limit of 75 years. However, the proposal flopped.

Currently, the Constitution limits the term of the President to a maximum of two terms of five years. Senator Cherargei’s Bill also seeks to enhance the powers of the Senate by giving it the exclusive mandate to vet some State officers.

The Senate has largely been grappling with a limited mandate compared to the National Assembly.

Specifically, the Bill amends Articles 152, 156 157, 166, 215, 228, 229, 245 and 250 of the Constitution to assign the responsibility of approval for appointment of various state officers between the Senate and the National Assembly.

The Senate, the Bill states, shall vet and approve for appointment Cabinet secretaries, the Attorney General, the Director of Public Prosecutions, the Chief Justice and judges.

The House will also vet the chairperson of the Commission on Revenue Allocation, the Controller of Budget, the Auditor General, members of the Public Service Commission, the Inspector General of Police and members of constitutional commissions. Currently, state officers are vetted by the National Assembly.

The proposal leaves the National Assembly with the mandate to vet and approve appointed nominees for high commissioner, ambassador, and diplomatic and consular representatives.

The Bill provides the Senate as the forum for filing petitions for the removal of a member of a constitutional commission or holder of an independent office as opposed to the National Assembly as currently provided.

It also proposes to amend Article 58 of the Constitution to provide for the involvement of the Senate and the National Assembly in the approval of an extension of a state of emergency.

The Bill provides that both Houses of Parliament shall approve the deployment of the Kenya Defence Forces in any part of the country. Under the current provision, the National Assembly approves such deployment.

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