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ODM: Why proposal on extension of term limit is unlawful

ODM has opposed the proposal to extend the term of office of the president and other leaders from five to seven years.

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by Allan Kisia

News28 October 2024 - 12:49
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In Summary


  • The Justice, Legal Affairs and Human Rights Committee of the Senate scheduled public hearings at the KICC on Friday, the last day Kenyans were to give their views.
  • Kenyans got the opportunity to give their views on a proposal to extend the term of office of the President and other elected leaders at a public hearing after initially sending written submissions


The Orange Democratic Movement has registered its opposition to the proposal to extend the term of office of the president and other elected leaders from five to seven years.

The party noted that such amendments to the Constitution must be approved by Kenyans through a referendum.

“We, therefore urge the Senate to reject this Bill and uphold the principles of good governance, the rule of law and the constitutional requirement for genuine public participation through a public referendum,” executive director Oduor Ong’wen said in a statement.

The party demanded an opportunity to make further oral submissions on its memorandum to the Senate.

“We are further demanding written feedback on proof of receipt and actual consideration of this memorandum and taking into consideration sentiments herein by the senate and reasons for non-consideration, if any,” he added.

The party said its rejection of the Bill is based on the contravention of article 255 (1) of the Constitution of Kenya, 2010 and subversion of its basic structure.

ODM said the Constitution explicitly enquires that any amendment relating to the supremacy of the Constitution, the territory of Kenya, the sovereignty of the people, national values and principles of governance, Bill of Rights, the term of office of the President, the independence of the Judiciary and independent offices, the functions of Parliament, and objects, principles and structures of devolved government must be approved by a referendum.

“Furthermore, Article 255(2) mandate that such amendments require at least 20 per cent voter participation in half of all counties and a simple majority support in the referendum,” Ong’wen added.

He said the proposed amendment seeks to bypass crucial constitutional safeguards.

“This attempt to circumvent proper constitutional procedure threatens the very foundation of our democracy, undermines people, and goes against the principle of public participation,” he added.

Kenyans got the opportunity to give their views on a proposal to extend the term of office of the President and other elected leaders at a public hearing after initially sending written submissions.

The Justice, Legal Affairs and Human Rights Committee of the Senate scheduled public hearings at the KICC on Friday, the last day Kenyans were to give their views.

Hundreds of Kenyans took part in the exercise, the majority of whom expressed opposition to the Bill, sponsored by Nandi senator Samson Cherargei.

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