A proposal to alter the presidential terms limit has sparked angry reactions from opposition lawmakers who see it as a ploy to have President William Ruto stay longer in office.
The push by Ruto’s man and Nandi Senator Samson Cherargei to increase the term to seven years from the current five has fired up sceptics who have all along suspected Ruto could engineer a change to the law so he serves for longer.
Vihiga Senator Godfrey Osotsi on Sunday described Cherargei's proposal as confirmation of secret discussions taking place within Kenya Kwanza but which they have had trouble introducing for public debate.
Cherargei is not only a member of the President’s ruling UDA party but is also among his fiercest defenders.
“That tells you the internal conversation within Kenya Kwanza. This is a government that has failed, and this is a government that keeps on saying they need more time. They think they need more time to allow Ruto to be in government for long,” Osotsi charged.
“The attempt to interfere with the terms limit has been their agenda from the word go. Remember Senator Kinyua at one point said we need to remove the terms limit, now Cherargei says let's put it to seven years.”
In a submission to the National Dialogue Committee, the Nandi senator proposes two terms of seven years each for the President.
Compared to the current ten-year tenure, the proposal if adopted will mean a President serves for 14 years if he or she wins re-election.
“Increase the presidential term to seven years: Whereas the current Constitution provides for a two-term presidential term limit comprising ten years there is a need to increase the same to two terms of seven years each, ” Cherargei told the dialogue committee.
Rarieda MP Otiende Amollo, who served in the Committee of Experts which midwifed the 2010 Constitution, warned against any discussion to tinker with the presidential terms limit.
According to the constitutional lawyer, all countries that opened discussions around presidential terms limit ended up removing it all together.
“As part of the Committee of Experts, we listened to Kenyans and we had good reasons for maintaining the term of five years and full two terms,” he said.
“To talk of adjusting it either for more or less is outrageous. In truth, anyone who starts talking about interfering with the terms limit will soon start talking about removing the limit as they have done in Uganda or other areas.
“As Kenyans, we cannot entertain such discussions. The no-go area in any discussion about the amendments is the presidential term and the presidential terms limit.”
Justifying his proposal, Cherargei cited a need to give the President ample time to form and establish a formidable team to deliver on his or her manifesto.
The short period between elections, he noted, has been responsible for hot contests that sometimes generate into chaos.
“Besides, the Kenyan presidential election is always highly profiled as a result of it being conducted within a short period of time, thus making it a do or die adventure,” Cherargei argued.
NADCO is co-chaired by National Assembly Majority Leader Kimani Ichung’wah and former Vice President Kalonzo Musyoka.
Law Society of Kenya president Eric Theuri said the proposal to have the President serve two terms of seven years each has no justification.
“Ten years is already enough for the President to implement his manifesto, if he or she is re-elected,” he said.
Theuri, however, said a one term of seven years would be an ideal scenario.
“When a President serves for one term of seven years, he will not assume office thinking about how he is going to be re-elected. This means he will not appoint certain people in high office just to secure his re-election,” he explained.
He added that a seven-year, one term presidency would also mean the country will have a staggered election.
“We will not have a cumbersome election because we will be electing governors, senators, women reps, MPs and MCAs after five years and President after seven years,” Theuri added.
The LSK president further said Cherargei’s proposal is misplaced because it was not one of the issues that led to the establishment of the National Dialogue Committee.
Gatundu South MP Gabriel Kagombe warned against increasing the terms limit, saying the country is currently preoccupied with pressing issues around cost of living.
“I don’t think the country is ready for that conversation. It is ill timed; I don’t think we have mental space as citizens of this country,” he stated.
Bumula MP Jack Wamboka also told off the Nandi senator over his proposal.
"You have five years to lead and ask Kenyans for another five. If they give you, you lead and go home. The country is big and others should also get a chance of leadership," Wamboka said.
Former IEBC commissioner Roselyn Akombe said changing the presidential terms limit will allow President William Ruto to start a fresh term in office.
She said this has happened in other countries where the presidential terms limit was amended.
"In too many countries where the political elite amends the length of the presidency or introduce term limits, the clock starts afresh," she said.
Osotsi maintained that Azimio will not allow any talk around extension of the terms limit.
“I don’t think we will accept a change in terms limit; it will remain two terms of five years,” he said.
The Vihiga lawmaker warned of a plot to derail the ongoing Bomas talks by introducing issues beyond the mandate of the committee to give legal loopholes for anyone to successfully challenge the resolutions made by the team.
He called on the committee to stick to its mandate and avoid falling into the trap.
“There is an attempt to try and derail this process by introducing constitutional issues so that if the committee falls in their trap of dealing with matters outside their mandate then someone can go to court, the same way they did with BBI, and say the process was not people-driven,” Osotsi said.
“The committee needs to focus on their mandate and should not be diverted to other issues. The other issues they should recommend to be handled in the manner provided for in the Constitution.”
Makueni Senator Dan Maanzo termed the debate a dangerous topic that should not be entertained in the country.
According to Maanzo, should the push become a reality Ruto’s tenure may clock 19 years – that is if he wins the reelections.
“If you change the Constitution now, it means those two terms will begin after this term (2022-2027). It means Ruto will be President for 19 years, running close to Moi .”
This is not the first time attempts to interfere with the presidential terms limit is hitting the national discourse. In November last year, Fafi MP Salah Yakub proposed scrapping of the presidential terms limit.
His proposal was however condemnation from across the political divide including by President Ruto himself.