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Ichung’wah: Proposal to increase term limit dead on arrival

Constitution currently limits elected leaders to two five-year terms.

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by PERPETUA ETYANG

Realtime23 October 2024 - 21:51

In Summary


  • Nandi Senator Samson Cherargei has tabled a Bill which seeks to extend terms of elected leaders from five to seven years.
  • The proposal has elicited backlash from Kenyans and mixed reactions from a cross section of leaders across the country.

National Assembly Majority Leader Kimani Ichung’wah.

National Assembly majority leader Kimani Ichung’wah has said he will not support the proposal to increase term limits.

Nandi Senator Samson Cherargei has tabled a Bill which seeks to extend terms of elected leaders from five to seven years.

In a statement on X, the Kikuyu legislator said the Bill will not see the light of day once it lands in the National Assembly.

“That Cherargei legislative proposal on term limits is dead on arrival, period. He should save his own time, that of other senators and tax payers' money,” Ichung’wah said.

Currently, the constitution limits the term of the President to a maximum of two five-year terms.

But Cherargei wants to extend the limit to seven years via the Constitution of Kenya (Amendment) Bill, 2024, which is currently undergoing public participation.

The proposal has elicited backlash from Kenyans and mixed reactions from a cross section of leaders across the country.

“The Bill proposes to amend Article 136 of the constitution, which provides for the election of the President, to increase the term of office of the President from five years to seven years,” the Bill states.

The Bill also seeks to amend sections 101, 177 and 180 of the constitution to extend the terms of MPs, Senators, MCAs and Governors to seven years.

It further seeks to amend Article 151 of the supreme law by inserting section 151(a) which proposes to create the office of the Prime Minister who shall be appointed by the President from amongst the members of Parliament.

"The Prime Minister shall be the leader of the largest party or coalition of parties in Parliament,” reads part of the Bill.

A similar proposal to scrap presidential term limits fronted by Fafi MP Salah Yakub in November 2022 flopped.

The UDA MP had in the outrageous proposal wanted to replace the current two five-year term limits with an age limit of 75 years for the holder of the presidency.

Earlier on Wednesday, Kiambu Senator Karungo Thang'wa proposed a reduction of term limits for elected leaders to four years.

The senator argued that the four-year term limit would help enhance accountability and political participation.

The legislator said that the proposal would give new leadership opportunities and provides prevention of power consolidation and adaptability in governance.

“After opposing the seven-year term, I’m proposing a different amendment. I'm proposing a four-year term limit," Thang'wa said while addressing a press conference in Nairobi.

"Therefore, I'm moving an amendment that proposes a four-year term limit for presidents, governors, senators, MPs and MCAs,” he added.

Back to Cherargei's Bill, the senator also wants the powers of the Senate enhanced by giving the upper House exclusive mandate to vet state officers.

Currently, state officers are vetted by the National Assembly.

“This Bill therefore seeks to increase the parliamentary role of the Senate by addressing the issues that have hampered the implementation of the constitution,” Cherargei argues in the Bill.

Specifically, he wants Articles 152, 156 157, 166, 215, 228, 229, 245 and 250 of the constitution amended 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.

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


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