Senate Committee Rejects Disputed Bill on Presidential Term Limits

Nandi Senator Samson Cherargei has faced a significant setback in his effort to extend the presidential term limit to seven years. The Senate was advised against approving the Constitution of Kenya (Amendment) (No. 2) Bill, 2024, which he sponsored.

The Senate’s Justice, Legal Affairs & Human Rights Committee recommended against passing the bill in their report. “Based on the observations made in the previous chapter, the Standing Committee on Justice, Legal Affairs and Human Rights recommends that the Senate not pass the Constitution of Kenya (Amendment) (No. 2) Bill, 2024 (Senate Bills No. 46 of 2024),” the Committee stated.

Cherargei’s proposed amendment aims to extend the terms for the president, county governors, Members of Parliament, and county assembly members from five to seven years, among other changes to the constitution.

During a Senate session on May 4, 2023, Cherargei claimed that the Bill had garnered significant attention, with nearly 500,000 emails received by the Senate. He stated that 60% of Kenyans support the Bill, while 40% oppose it. In the previous week, he reported receiving 12,000 text messages, 20,000 WhatsApp messages, and numerous phone calls, reflecting both praise and criticism for his initiative.

Opposition to the Bill has emerged from various government officials and political groups. Cabinet Secretaries Aden Duale and Wycliffe Oparanya dismissed the proposal. Duale asserted that the Bill would not even pass the first reading in the Senate, likening it to driving on a highway with faulty brakes. He emphasized that such a change would require a referendum.

CS Oparanya echoed the sentiment, stating that extending the term of public officials does not provide any benefit to Kenyans. He criticized leaders who propose such agendas, asserting that they do not add value. He insisted that the constitution, which stipulates a five-year term, should be upheld.

The Justice, Legal Affairs and Human Rights Committee also suggested that the Senate review the process for considering constitutional amendments. Additionally, they proposed amendments to the Senate Standing Orders, requiring that proposals be supported by the signatures of at least fifteen other Senators, unless sponsored by the Majority or Minority Party, and establishing a framework for debate and gathering opinions on legislative proposals before publication.