Nandi Senator Samson Cherargei..
A proposal to extend the term of office of the President and other elected leaders from five to seven years has been met with outrage, with some quarters describing the plan as impractical and dead on arrival.
Constitutional and governance experts and MPs have described the proposal by Nandi Senator Samson Cherargei as a diversionary tactic to test the waters.
The Constitution of Kenya (Amendment) Bill, 2024, which is currently undergoing public participation, seeks to extend the tenure of all elected leaders from the current five years to seven years.
The Bill also seeks to create the office of Prime Minister, who will be appointed by the President from among members of the party or coalition of majority parties in Parliament and will serve at the pleasure of the President.
The Prime Minister will be the head of government, responsible for the day-to-day administration of the government and accountable to Parliament.
The Bill was first read in the Senate on September 26, 2024, before being referred to the Justice and Legal Affairs Committee for consideration.
"The Bill proposes to amend Article 136 of the Constitution, which provides for the election of the President, to increase the term of office of the President from five years to seven years," the Bill states.
The Bill also seeks to amend sections 101, 177 and 180 of the Constitution to extend the terms of MPs, Senators, MCAs and Governors to seven years.
Governance and politics expert Alex Manyasi said it was completely impractical to make such proposals unless the senator was testing the reaction of Kenyans.
He argued that amendments touching on term limits are sensitive 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 (Uganda) and Paul Kagame (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.
Dead on arrival
Nairobi Senator Edwin Sifuna was scathing about the proposal, describing it as dead on arrival and blatantly undemocratic.
"I don't know the purpose of extending terms and what purpose it will serve because the President has a collective term of 10 years and I think that is enough," said Senator Catherine Mumma.
"These are not priority amendments at the moment. I hope the priority can be to respect what is already there, which we are breaking on a daily basis," she added.
Homa Bay Senator Moses Kajwang' said if the country needed any constitutional amendment, it should be to reduce the burden of political leaders on the common man, adding that "we have too many waheshimiwas in this country".
"The rest of the constitution just needs leaders who are faithful and keen on implementation," Mr Kajwang' said.
"Another tragedy is a devolved system based on small tribal enclaves with no discernible comparative advantage. We should be talking about consolidating counties rather than increasing the tenure of governors," he added.
ODM deputy party leader Godfrey Osotsi described Mr Cherargei's proposal as a diversionary tactic aimed at derailing the implementation of the laws emanating from the National Dialogue Committee report.
"Kenya Kwanza should focus on the speedy implementation of the Nadco report, which contains some of his proposals. Any attempt to derail or delay the Nadco report must be vehemently resisted," said the Vihiga Senator.
Busia Senator Okiya Omtatah rejected the proposal, questioning the rush to amend the Constitution when it has not been fully implemented.
He said the proposed amendment would violate the fundamental principles enshrined in Article 255, which explicitly states that any amendment on critical issues such as the term of office of the President must be enacted after 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 go ahead without the necessary referendums is not only a breach of our constitutional provisions, it sets a dangerous precedent that could undermine the very foundations of our governance and democracy," Mr Omtatah said.
"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 changes to our Constitution are done transparently, democratically and in accordance with the provisions of our supreme law."
The latest proposal follows another in November 2022, when Fafi MP Salah Yakub proposed the removal of presidential term limits.
In the outrageous proposal, the UDA MP wanted to replace two five-year term limits with an age limit of 75. But the proposal failed.
The Constitution currently limits the President to a maximum of two five-year terms.
Senator Cherargei's Bill also seeks to increase the powers of the Senate by giving it the exclusive mandate to vet some State officials.
The Senate has largely struggled with a limited mandate compared to the National Assembly.
Specifically, the Bill amends sections 152, 156, 157, 166, 215, 228, 229, 245 and 250 of the Constitution to share the responsibility of approving the appointment of various state officers between the Senate and the National Assembly.
The Senate, according to the bill, will screen and approve for appointment of cabinet secretaries, the attorney-general, the director of public prosecutions, the chief justice and judges.
The House will also vet the chairperson of the Revenue Allocation Commission, controller of budget, auditor-general, members of the Public Service Commission, the inspector general of police and members of constitutional commissions. Currently, State officials are vetted by the National Assembly.
The proposal retains the National Assembly's mandate to vet and approve nominees for high commissioner, ambassador and diplomatic and consular representatives.
The Bill provides for the Senate to be 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 is 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 approving the 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.
