A Bill recently introduced in the Senate by Nandi County Senator Samson Cherargei aimed at amending Article 136 of the Kenyan Constitution has sparked uproar and concern among Kenyans, leading to suspicions about the intentions behind the legislation.

Among other proposals, the Bill proposes to amend the term of the president and elected officials from five years to seven years and create the office of the prime minister, who the president shall appoint from amongst the members of Parliament. The prime minister shall be the leader of the largest party or coalition of parties in Parliament.

There is a perception that the amendment could alter the electoral timetable in a manner that favours the current regime and its political interests by extending President William Ruto’s rule, and this could undermine the democratic process.

Under the Constitution, a person elected as president is eligible to serve a maximum of two five-year terms. However, those in support of the Bill argue that the current period of five years is not enough for an elected president or other elected leaders to fulfil their constitutional mandate.

Article 136 of the Constitution stipulates that registered voters shall elect the president in a national election conducted in accordance with the Constitution and any Act of Parliament regulating presidential elections.

It further states that the election of the president shall be held on the same day as a general election of Members of Parliament, being the second Tuesday in August, in every fifth year, or the circumstances contemplated in Article 146 of the Constitution.

Past attempts

In November 2022, Fafi MP Salah Yakub proposed the removal of term limits for the president and the Head of State’s replacement with an age limit of 75 years.

In September 2023, Senator Cherargei made similar attempts through the National Dialogue Committee, which was formed by President Ruto and opposition leader Raila Odinga, to address issues that surrounded the contentious 2022 presidential election results that sparked demonstrations, but the members of the public rejected the proposal.

Cherargei’s defence

In September, Senator Cherargei defended the Bill, stating that five years are not sufficient for an elected President to deliver on his mandate and promises to Kenyans.

The Senator said the first five years of the presidency will go to waste due to post-election eventualities such as election petitions and the appointments of individuals who will be part of government.

He further stated that the final year ends up being consumed by re-election campaigns, thus leaving the president with only three years to fully deliver on his pledges.

“If you give seven years as the term limit for the President, you minus the two (one in settling and one during the campaigning period), you will get five years, which all Kenyans are arguing about. This is my personal opinion. When the national dialogue said everybody should come with their opinion, I do not know why everybody would want to criminalise my opinion,” Senator Cherargei said during an interview on Citizen TV on September 25, 2023.

The United Democratic Alliance (UDA) party has already distanced itself from the Bill.

“The masterminds and sponsors of the Constitutional Amendment Bill, who are evidently preoccupied with sensational distractions and perverse indulgence in political delinquency and legislative mischief, have not engaged in sufficient reflection with regard to the historical origins, institutional basis and political necessity of term limits,” UDA Secretary-General Hassan Omar said.  

Omar added, “The party, therefore, disassociates itself from the repugnant and backward Bill and calls any of its rank 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 crush to a halt!”

The Bill has been undergoing public participation since October 2 before the Senate Committee on Justice and Legal Affairs. The Senate Committee also held a public hearing on the Bill on October 25 at the Senate Chambers. The Senate had invited public submissions on the Bill.

Countermeasure

Earlier in the week, Kiambu County Senator Karungo wa Thang’wa put forward a proposal to reduce term limits for all elected officials, including the President, MPs, Senators, Governors, Women Representatives, and Members of County Assembly (MCAs), from five to four years.

Defending his proposal the senator argued that shorter terms will enable voters to hold leaders accountable more frequently, ensuring that elected officials are motivated to deliver results for Kenyans within a shorter time frame.

Both proposals present contrasting approaches and have created mixed reactions from the members of the public, reflecting broader anxieties about governance, representation, and the integrity of the electoral process in the country.  

The uproar surrounding Senator Cherargei’s Bill underlines the delicate balance between political reforms and stability and highlights the need for careful consideration of any constitutional changes in the country.