Term limits are an important thing for any elective office, and particularly in Africa. African politicians have this bad habit of clinging onto power for ages, often till death do them (the politician and the power) part.
Teodoro Mbasogo of Equatorial Guinea is the world’s longest-serving President, having been in power for 43 years now. Cameroon’s Paul Biya follows closely, having been President for 40 years, Congo’s Denis Nguesso has led for 37 years, and our neighbour Yoweri Museveni has been at the helm of leadership for 36 years now.
Here in Kenya, things have not been different. The first President died in office, whereas the second was in office for more than two decades. It was only in 1992 that a constitutional amendment was made, putting a cap to the presidential term at two five-year terms.
This was upheld in the Constitution of Kenya (2010), and the same cap of two five-year terms was put for county governors. Had this not been the case, you can bet some governors would never have left office.
What happens, though, when a president or governor leaves office and the deputy president or deputy governor takes office? Over the last five years, we have seen a number of Deputy Governors ascend to the governor’s office. Bomet’s Hillary Barchok took over following the demise of Joyce Laboso. In Kiambu, James Nyoro took over following the ousting of Ferdinand Waititu. And in Nairobi, Anne Kananu took over after Mike Sonko was impeached. Would we then say that they have served a full term, or can such a Deputy Governor seek reelection twice?
The answer lies in Article 146 (4) and Article 182 (3) of the Constitution. The provisions are similar in implication, the only difference being that the former relates to the office of the President, whereas the latter relates to the office of the Governor.
At the time of taking office, if there are two and a half years or more remaining before the next General Election, such a person shall be deemed as having served a full term. Using this year’s election as an example, a deputy governor who assumed office on or before 9th February 2020 will be deemed to have served a full term and can only seek another term. On the contrary, those who assumed office from 10th February 2020 onwards are deemed as having not served for a full-term. Such a person can thus seek to be elected for two fresh terms.
This provision elicits different reactions. One may, for instance, say it is unfair that a person who got into office after 9th February 2020 has the leeway to have two full terms, whereas one who would assume office a day or two earlier will be said to have served a full term. It also creates room for mischief. Given many politicians never want to leave office, they may delay their date of assuming office so as not to be bound by the term limit. All in all, that is how things stand.