Inside a Bill that Seeks to Extend the President’s Term Limit

Nairobi, Kenya—Kenyans have been given until Friday, October 25, 2024, to submit their views on a bill by parliament seeking to amend the constitution and introduce other clauses that will enable the term limit of the office of the president and all other elected leaders, among other proposals.

The public participation will end on Friday, thereafter, the Standing Committee on Justice, Legal Affairs and Human Rights, will hold a public hearing on the Bill on the same day in the Senate Chamber. The public have welcome to attend the hearing.

The bill is seeking to extend the term for both the president and all other elected leaders from 5 to 7 years. In addition to that, the bill also seeks to create the office of the Prime Minister, who shall be appointed by the President from among the members of the Parliament.

Reasons Behind the Constitutional Amendment

1. To provide for the involvement of both the National Assembly and the Senate in the approval of an extension of a state of emergency.
2. To provide of the calrity on the role of the Senate in exercisingg ints oversight mandate over the revenue alllcated to, raised by, or otherwise received the county governments and its expenditure.
3. To extend the term limit of office of a  Member of Parliamnet from five to seven years.
4. To provide for the leadership and the order of precedence on the Senate.
5. To provide for originationof any Bill in eiter House of Parliament, save for a money Bill which may originate in the National Assembly.
6. To provide for the procedure fro the consideration of a Division of Revenue Bill and a County Allocation of Revenue Bill by both Houses of Parliament.
7. To provide for the procedure for the consideration and approval of an appropriation Bill and a Supplementary Appropriation Bill by both Houses of Parliament.
8. To provide clarity regarding the defination of a Money Bill.
9. To extend the term of office of the Presdient from five to seven years.
10. To create the office of the Prime Minister  who shall be appointed by the President from among the members of Parliament.
11. To assign the responsibility of appointment and removal from office of various State officers to the National Assembly and the Senate.
12. To extend the term office of the of a Member of County Assembly from fieve to seven years.
13. To extend the term office of the a County Governor from five to seven years.
14. To provide for the procedure for the removal of a governor or a deputy governor from office.
15. To enhance the percentage of the allocation of resources to county governments from fifteen percent to forty percent.
16. To clarify that the basis for the preparation of budgets by county governments is a county allocation of revenue bill and not the division of revenue bill.
17. To provide for the mechanism of accountability with regard to accounting officers of state organs and national public entities, county governments, and accounting officers of county public entities.
18. 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.
19. Require the approval of both Houses of Parliament before the deployment of the Kenya Defense Forces in any part of Kenya.

The bill was drafted and proposed by the Nandi Senator, Samson Cheragei, just a couple of months after President Ruto was sworn into office. He argued that five years were not enough for the president and other elected leaders to deliver on their mandates.

The extension of the term limit, especially that of the president, could trigger a clash in an already divided country following the impeachment of the Deputy President, Rigathi Gachagua. Kenyans, particularly on social media, have strongly objected to the constitutional amendment bill.