ODM opposes proposals to extend Presidential term Limit

Nairobi, 

Monday, 28 October, 2024 

McCreadie Andias 

The Orange Democratic Movement (ODM) Party has opposed the proposed bill to extend the Term Limit for Elected officials from the executive and legislative arms of government. 

In a statement released via it's X page on Monday, The party noted that such a proposal is subject to Public referendum.

"We wish to here register our concern by expressing our total rejection of the Proposed constitution of Kenya (Ammendment) Bill No. 2 of 2024 in it's entirety" ODM Said.

The Constitution of Kenya (Amendment) (No. 2) Bill (Senate Bills No. 46 of 2024) has sparked a significant national conversation about the future of Kenya’s democracy. 

This Bill proposes major changes to the constitutional framework, including the extension of terms for the President, Members of Parliament (MPs), Members of County Assemblies (MCAs), and Governors from five to seven years.

The Bill was introduced by Nandi Senator Samson Cherargei where Kenyans were welcomed to give their views on the subject online.

While proponents argue that extending these terms would provide greater stability, these amendments raise crucial concerns about accountability and the voice of the people.

The five-year term limits serve as a critical check on leadership, ensuring that the electorate has frequent opportunities to hold their leaders accountable. Extending these terms, however, challenges this fundamental democratic safeguard.

A term shift shift would also allow the President to stay in office longer without returning to the electorate for revalidation. Kenya’s democratic system is founded on the principle of regular elections, which empower citizens to assess and either reaffirm or reject their leaders. Extending the term undermines this principle by decreasing the frequency of these critical democratic processes.

Similarly, the Bill seeks to extend the terms of MPs, MCAs, and Governors from five to seven years. This reduces the number of opportunities for citizens to evaluate their representatives’ performance and make changes if needed. It weakens the checks and balances provided by regular elections, risking complacency and unresponsiveness among elected officials.

ODMs rejection is based on contravention of Article 255(1) of the Constitution of Kenya, 2010 and subversion of it's basic structure. The Constitution mandates a referendum for any ammendment relating to it's supremacy, Kenya's territory, The sovereignty of the people, National values and Principles of Governance, The Bill of rights, The term of the President, Independence of the Judiciary and Independent offices, functions of Parliament and the objects, principles and structures of Devolved government. 

Furthermore, Article 255(2) mandates that such ammendments requires atleast 20% voter participation in half of 47 counties and a simple majority in the referendum.

ODM has accused the proposal as a plan to 'bypass' the simple constitution process and an attempt to 'circumvent' proper construction procedures. 

The Party further says that the proposal "threatens the very foundation of our democracy", "Undermines sovereignty of the people and " goes against the principle of public participation ". 

The Party has called for the Senate to reject the Proposed Bill hence upholding the principles of rule of law, good governance and the constitution requirement for public participation through a public referendum. 

ODM has also demanded an opportunity to make oral submissions on the memorandum whilst provision of written feedback on the receipts and actual consideration of the said memorandum.