New bid to raise terms of president, all elected leaders to 7 years

A bill fronted by Nandi Senator Samson Cherargei – President William Ruto’s ally – increases the term of service for the President, MPs, MCAs and governors to seven years.

“The bill proposes to amend Article 136 of the Constitution, which provides for election of the President, to increase the term of President from five years to seven years,” the draft reads.

It also amends Articles 101, 177 and 180 of the Constitution to extend the terms of Members of Parliament, Members of County Assembly and governors to seven years.

The legislative proposal is currently before the Senate Justice, Legal Affairs and Human Rights Committee where it was referred by Senate Speaker Amason Kingi.

If approved by the Bomet Senator Hillary Sigei-led committee and cleared by Kingi, the bill will be published for introduction in the Senate for first reading.

Constitutional lawyer Bob Mkangi, who sat in the committee of experts that drafted the 2010 Constitution, said the panel pegged the term of elected leaders at five years on proposals by Kenyans.

“Kenyans felt that five years is enough for any administration to implement its agenda. And that has been the case since independence. World over, government terms are between four and five years,” he said.

The lawyer argued that there is no ‘heavy’ reason the period of Parliament or government should be extended.

The bill creates the office of the Prime Minister similar to the proposals in the National Dialogue Committee and the Building Bridges Initiative reports.

“It is proposed that the President shall appoint the Prime Minister from amongst the Members of Parliament and that he or she shall be the leader of the largest party or coalition of parties in Parliament,” the bill states.

The radical proposal come in the wake of calls from various quarters to extend the term of President William Ruto.

Currently, the Constitution limits the term of the President to a maximum of two terms of five years.

Two weeks ago, Pokot South MP David Pkosing and business tycoon Narendra Raval ignited debate on the matter.

Speaking during the opening of a cement manufacturing factory attended by the President, Raval said that Ruto should rule Kenya for at least 25 years.

“God give him 100 years of life. I wish that we had this President for at least 25 years… He will change this country,” Raval said.

Pkosing also appeared to support the call for the extension of the presidential term limit.

“….Your Excellency, if you take over that one [revert hospitals to the national government], even God will help you with that and you will live (longer).

“And I think it won’t just be until 25 years. Let us change the Constitution, kwani iko nini? (loosely translated as ‘what can anyone do about/stop it). Praise the Lord,” PKosing said.

Soon after taking over power in 2022, Fafi MP Salah Yakub fronted a bill to scrap the two-term presidential limit.

However, the push faded after President Ruto denounced it.

The new bill further seeks to enhance the powers of the Senate by giving it exclusive mandate to vet some state officers.

The Senate has largely been seen as ‘an idle’ House with a limited mandate compared to the National Assembly.

Specifically, the bill amends Articles 152, 156 157, 166, 215, 228, 229, 245 and 250 of the Constitution to assign the responsibility of approval for appointment of various state officers between the Senate and the National Assembly.

The Senate, the bill states, shall vet and approve for appointment Cabinet Secretaries, the Attorney General, the Director of Public Prosecutions, the Chief Justice and judges.

The House will also vet the chairperson of the Commission on Revenue Allocation, Controller of Budget, Auditor General, members of the Public Service Commission, the Inspector General of Police and members of constitutional commissions.

Currently, the state officers are vetted by the National Assembly.

“The bill, in addition to proposing that the Senate vet the Auditor-General, proposes to amend Article 229 of the Constitution to provide for the submission of the annual estimates of expenditure for the Office of the Auditor General directly by the Auditor General to Parliament for approval,” the bill states.

The proposal leaves the National Assembly with the mandate to vet and approval for appointment nominees for high Commissioner, ambassador and diplomatic and consular representatives.

The bill also provides the Senate as the forum for filing petitions for the removal of a member of a constitutional commission or holder of an independent office as opposed to the National Assembly as currently provided.

“The principal object of the Constitution of Kenya (Amendment) Bill, 2024 is to amend the Constitution to, among others, expand the mandate of the Senate,” the proposed law states.

The bill proposes to amend Article 58 of the Constitution to provide for the involvement of both the Senate and the National Assembly in the approval of an extension of a state of emergency.

“A state of emergency affects the stability and functioning of the nation as a whole including county governments,” the bill states.

Further, it provides that both Houses of Parliament shall approve the deployment of the Kenya Defence Forces in any part of Kenya.

Under the current provision, the National Assembly approves such deployment.

“The bill proposes that any bill may originate in either House of Parliament, save for a money bill [which imposes taxes and levies) which may only originate in the National Assembly before going to the Senate,” the bill says.

In addition, the bill proposes to amend Article 181 of the Constitution to provide for the procedure for removal from office of a county governor from office or a deputy governor.

According to the bill, the removal of a governor or deputy by the Senate by way of impeachment can only be challenged at the Supreme Court.

The court shall make a determination on the case within 30 days.

Currently, such cases begin at the High Court.

The proposed law increases the percentage of the equitable share of revenue allocated to counties from the current 15 per cent to 40 per cent.

“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,” it states.