A new bill has been introduced in Kenya’s Senate, proposing significant changes to the country’s political landscape. Spearheaded by Nandi Senator Samson Cherargei, the Constitution of Kenya (Amendment) Bill, 2024, seeks to extend the terms of office for key elected officials from five to seven years.
Extended Terms for All Elected Leaders
The bill proposes amendments to several articles of the Kenyan Constitution, including Article 136, which governs presidential elections. If passed, this amendment would increase the presidential term from five to seven years.
Senator Cherargei explained,
“The bill proposes to amend Article 136 of the Constitution, which provides for the election of the President, to increase the term of President from five years to seven years.”
This extension would not be limited to the presidency alone. The bill also seeks to amend Articles 101, 177, and 180, effectively extending the terms of Members of Parliament (MPs), Senators, Members of County Assemblies (MCAs), and Governors to seven years as well.
Previous Proposals
The push for constitutional amendments is not new in Kenya. In November 2022, discussions around modifying the constitution gained momentum when a legislator from the United Democratic Alliance (UDA) party proposed removing the presidential term limit.
Fafi MP Salah Yakub suggested replacing it with an age limit of 75 years, though this particular proposal did not gain widespread support.
It’s worth noting that the current Constitution of Kenya limits the presidential term to two five-year terms. This new bill, if passed, would significantly alter this structure.
Introduction of Prime Minister’s Office
The bill stipulates that the President shall appoint the Prime Minister from among members of Parliament.
According to the proposed legislation,
“The Prime Minister shall be the leader of the largest party or coalition of parties in Parliament.”
Empowering the Senate
A key aspect of the proposed bill is the expansion of the Senate’s powers. Currently, the Senate is often perceived as having a limited role compared to the National Assembly. To address this imbalance, the bill assigns the Senate exclusive mandate to vet certain state officers.
Senator Cherargei emphasized this point, stating,
“This bill therefore seeks to increase the parliamentary role of the Senate by addressing the issues that have hampered the implementation of the constitution.”
Reshaping the Appointment Process
The bill proposes amendments to Articles 152, 156, 157, 166, 215, 228, 229, 245, and 250. These changes would redistribute the responsibility of approving various state officer appointments between the Senate and the National Assembly.
Under the new proposal, the Senate would be tasked with vetting and approving appointments for:
1. Cabinet secretarie
2. The Attorney General
3. The Director of Public Prosecutions
4. The Chief Justice and judges
5. The chairperson of the Commission on Revenue Allocation
6. The Controller of Budget
7. The Auditor General
8. Members of the Public Service Commissio
9. The Inspector General of Police
10. Members of constitutional commissions
This marks a significant shift from the current system, where these state officers are vetted solely by the National Assembly.
Financial Oversight and Emergency Powers
The bill also proposes changes to financial oversight, amending Article 229 to ensure that the Auditor General submits annual expenditure estimates directly to Parliament for approval.
Furthermore, the bill seeks to amend Article 58, requiring involvement from both the Senate and the National Assembly when approving an extension of a state of emergency. The bill justifies this change by stating,
“A state of emergency affects the stability and functioning of the nation as a whole including county governments.”
Strengthening Devolution
The proposed legislation increases the percentage of the equitable share of revenue allocated to counties from the current 15 percent to 40 percent.
The bill states,
“The bill seeks to strengthen devolution by aligning the roles and functions of Parliament and all entities at the national and county levels of government in a manner that would promote the effective administration of the devolved system of governance.”
Streamlining Governor Impeachment Processes
The bill also proposes amendments to Article 181 of the Constitution regarding the procedures for removing a county governor or deputy governor.
Under this proposal, any challenge to a governor’s impeachment by the Senate can only be addressed at the Supreme Court, which must resolve the case within 30 days. This change aims to expedite the resolution of such cases, which currently begin at the High Court.