Over 99% of Kenyans oppose proposed extension of presidential term limits - Senate report

A report tabled before the Senate Justice, Legal Affairs, and Human Rights Committee has revealed that more than 99 per cent of Kenyans who participated in public participation rejected a proposed bill to extend term limits for the President and other elected officials.

The report recommended that the House should not pass the bill, which was introduced by Nandi Senator Samson Cherargei.

The committee disclosed that it received 168,801 submissions by the end of the public input period on the Bill. Apart from 11 stakeholders who provided specific feedback on particular clauses, the remaining participants rejected the Bill as a whole.

"Of the submissions received, 99.99 per cent expressed strong opposition to the Bill, either in its entirety or specifically the clauses relating to the extension of terms of the President, Members of Parliament, governors, and Members of County Assemblies," Bomet Senator also the Committee Chairman Hillary Sigei said.

He noted that all attendees at a public hearing held at the KICC last Friday were firmly against the bill.

Sigei explained that the committee considered previous rulings by parliamentary speakers and a High Court decision, which restrict amendments to a Constitutional Bill once published and introduced in Parliament.

“The Committee was also alive to the practice in Parliament where a Bill to amend the Constitution, once published and introduced in either House, may not be amended. This was based on the previously considered rulings issued by the Speakers as well as the decision of the High Court,” Sigei added.

Same opposition

Even if certain sections of the bill had merit, such as proposals to enhance the Senate’s role within the bicameral legislature, Sigei explained that these provisions would face the same opposition as the rest of the bill.

The committee reported that any attempt to pass non-contentious parts separately would require a new bill that only includes provisions with adequate parliamentary support, as stipulated by Article 256(1)(d) of the Constitution.

In their contributions, Kiambu Senator Karungo Thang’wa and Migori Senator Eddy Oketch dismissed the proposal as a threat to Kenya’s democratic principles.

Thang’wa advocated for a shorter term limit, suggesting a four-year term for all elected officials to encourage accountability and allow new leadership with fresh perspectives.

"I propose adoption of a four-year term for all elected officials on account of enhancing accountability; encouraging political participation; facilitating new leadership imbued with new ideas and perspectives essential for addressing diverse needs of our population meant to prevent power consolidation," he said, drawing comparisons with countries like the United States, Ghana, and Nigeria.

Oketch argued that the bill disregards Kenya’s democratic history and would distract from critical issues facing the nation. He recommended a four-year term for MPs with two-year midterm elections to increase accountability and prevent the lengthy recall process.

“The Bill disregards the historical context of the struggles and aspirations of Kenyans for a more democratic and accountable government and is a distraction from critical issues and economic challenges and governance failures,” Oketch said.

Currently, elected leaders in Kenya serve a five-year term. While the President and governors are restricted to two consecutive terms, Members of Parliament and County Assemblies can serve indefinitely if re-elected.

Senator Cherargei has defended the Bill stating that it seeks to amend Article 136 of the Constitution to extend the President’s term from five to seven years, along with terms for other elected officials.

“The Bill I have sponsored seeks to amend Article 136 of the Constitution to increase the term of office of the President from five to seven years and amend Articles 101, 177, and 180 of the Constitution to extend the terms of governors, senators, Members of National Assembly, and Members of County Assembly from five to seven years,” he said.

In addition, Cherargei’s proposal includes the creation of a Prime Minister's office, a role similar to what was suggested by the National Dialogue Committee.