Faith Nyasuguta
Kenyan lawmakers are currently deliberating a significant constitutional amendment that could reshape the country’s politics. The proposed bill, spearheaded by Nandi Senator Samson Cherargei, seeks to extend the terms of the President, Members of Parliament (MPs), Governors, and Members of County Assemblies (MCAs) from the current five years to seven years. This proposal has sparked widespread debate and is poised to have far-reaching implications for Kenya’s democratic processes.
The bill, officially known as the Constitution of Kenya (Amendment) Bill, 2024, aims to amend Article 136 of the Constitution. If passed, it would allow the President and other elected officials to serve for seven years before seeking re-election.
This change is seen by some as a way to provide more stability and continuity in governance, allowing leaders more time to implement their policies and projects. However, critics argue that it could undermine democratic principles by reducing the frequency of elections and potentially entrenching power.
One of the most controversial aspects of the bill is the proposal to create the office of the Prime Minister. According to the bill, the Prime Minister would be appointed by the President from among the members of Parliament and would be the leader of the largest party or coalition in Parliament. This move is reminiscent of the recommendations made in the Building Bridges Initiative (BBI) report, which also suggested the creation of a Prime Minister’s office to balance executive power.
Proponents of this idea believe it could enhance governance by distributing power more evenly, while opponents fear it could lead to political instability and power struggles.
The bill also includes provisions that would require the Senate’s approval for the deployment of the Kenya Defense Forces within the country. Currently, such decisions are made solely by the executive branch, with the National Assembly’s approval. This proposed change aims to increase oversight and accountability in military operations, ensuring that such decisions are made with broader consensus.
Public reaction to the proposed amendments has been mixed. Some Kenyans see the potential benefits of longer terms, such as more time for leaders to fulfill their mandates and less frequent election-related disruptions.
However, many are wary of the potential for abuse of power and the erosion of democratic checks and balances. The recent history of anti-government protests, particularly those against tax hikes, has heightened public sensitivity to any changes that could be perceived as consolidating power.
The bill is currently in its early stages, having been introduced in the Senate for its first reading. The Standing Committee on Justice, Legal Affairs, and Human Rights has invited public views on the bill, with a public hearing scheduled for later this month. This process is crucial, as it allows citizens to voice their opinions and concerns, ensuring that any constitutional changes reflect the will of the people.
If the bill passes, Kenya would join other East African nations that have extended presidential terms through constitutional amendments. This trend has been observed in countries like Uganda and Rwanda, where similar changes have sparked both support and controversy.
As the debate continues, we await to see whether the proposed amendments will gain the necessary support to become law and how they will impact Kenya’s political future. The outcome of this legislative process will undoubtedly shape the country’s democratic trajectory for years to come.
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