A Bill has been introduced to extend the terms of the President and all elected officials from five to seven years.
The Constitution of Kenya (Amendment) Bill, 2024, sponsored by Nandi Senator Samson Cherargei, is set to be presented in the Senate for its first reading.
This proposed legislation aims to lengthen the terms for the President, Members of Parliament (MPs), Members of County Assemblies (MCAs), and governors to seven years.
Currently, Kenyans elect their leaders every five years.
“The Bill proposes to amend Article 136 of the Constitution to increase the President’s term from five years to seven years,” it states.
Additionally, it seeks to amend Articles 101, 177, and 180 to similarly extend the terms of MPs, senators, MCAs, and governors.
In November 2022, discussions began when a UDA legislator proposed a constitutional amendment to remove the presidential term limit, which ultimately failed.
The Constitution currently limits the President to two terms of five years each.
The Bill also proposes the creation of a Prime Minister position, similar to suggestions made in the National Dialogue Committee and Building Bridges Initiative reports. The President would appoint the Prime Minister from among Parliament members.
“The Prime Minister shall be the leader of the largest party or coalition in Parliament,” the Bill states.
Moreover, the Bill aims to enhance the Senate’s powers by granting it exclusive authority to vet certain state officers.
“This Bill seeks to expand the Senate’s role in addressing issues that have hindered the implementation of the Constitution,” it notes.
The Senate has often been perceived as less active compared to the National Assembly.
Specifically, the Bill amends Articles 152, 156, 157, 166, 215, 228, 229, 245, and 250 to delineate the responsibilities for the appointment of various state officers between the Senate and the National Assembly.
Under the proposed changes, the Senate will vet and approve appointments for positions such as Cabinet secretaries, the Attorney General, the Director of Public Prosecutions, the Chief Justice, and judges, among others.
Currently, these positions are vetted solely by the National Assembly.
The Bill further suggests that the Auditor General submit annual expenditure estimates directly to Parliament for approval, with the Senate also responsible for vetting the Auditor General.
The National Assembly will retain the responsibility of approving nominees for ambassadors and high commissioners.
Additionally, the Bill proposes that the Senate be the body for filing petitions to remove members of constitutional commissions or independent offices, shifting this responsibility from the National Assembly.
The primary objective of the Constitution of Kenya (Amendment) Bill, 2024, is to amend the Constitution to broaden the Senate’s mandate.
It also proposes to amend Article 58 to involve both the Senate and the National Assembly in approving extensions of a state of emergency.
“A state of emergency impacts the stability and functioning of the entire nation, including county governments,” the Bill states.
Both Houses will also need to approve the deployment of the Kenya Defence Forces in any region, a responsibility currently held by the National Assembly.
The Bill further suggests that any proposed legislation may originate in either House, except for money Bills, which must begin in the National Assembly.
Finally, it amends Article 181 regarding the removal procedures for county governors and deputy governors, allowing such cases to be challenged only in the Supreme Court, which must resolve them within 30 days.
Currently, such challenges start in the High Court.
The proposed legislation aims to increase the equitable revenue share allocated to counties from 15 percent to 40 percent, strengthening devolution and enhancing governance at both national and county levels.
