Senate Committee rejects Bill proposing extension of term limits

By Peter Ochieng

Nandi Senator Samson Cherargei has suffered a major blow.

This is after members of the Senate Committee on Justice, Legal Affairs and Human Rights recommended the rejection of a controversial Bill sponsored by the vocal Senator.

The Bill sought to extend the terms of elected officials, including that of the president, from the current five to seven years.

The Constitution of Kenya (Amendment) (No. 2) Bill, 2024 faced public opposition, during the public participation phase, with 99.99% of submissions expressing strong disapproval.

"The voice of the Kenyan people has been unequivocal," declared Committee Chairperson and Bomet Senator Hillary Sigei, while presenting the report to the Senate plenary.

"Out of 168,801 submissions received, only eleven stakeholders provided specific comments on the Bill's clauses, while the rest overwhelmingly rejected the proposed amendments,” he said.

The Bill, which proposed extending the terms of the President, Members of Parliament, Governors, and County Assembly Members, also sought to introduce the position of Prime Minister and modify the Senate's functions within the bicameral system.

"During our public hearing at the KICC Amphitheater on October 25, we witnessed an unprecedented show of unity among Kenyans. Save for one stakeholder, every single presenter urged the committee to reject this Bill in its entirety,” Senator Sigei emphasised.

The committee's decision, the chairman added, was influenced not only by public opposition but also by procedural considerations.

"We find ourselves in a position where even if some amendments proposed in the Bill had merit, parliamentary practice and court decisions prevent us from severing the condemned provisions."

Under the same breadth, the committee proposed significant procedural reforms.

"We recommend that the Senate adopt stronger vetting mechanisms for constitutional amendment Bills. Specifically, we're calling for a requirement of at least fifteen senators' signatures in support of any such proposal before it can be published as a Bill."

He went ahead to highlight the financial implications of processing controversial constitutional amendments.

"Subjecting Bills to public participation incur significant costs for Parliament. We must establish a proper sieving mechanism to ensure that proposals have reasonable support before advancing to this stage," said Senator Sigei.

He added, "This decision reflects our commitment to protecting both the spirit of our Constitution and the public interest. We cannot proceed with amendments that face such overwhelming opposition from the Kenyan people."

The fate of the Bill now rests in the hands of its sponsor, who retains the right to move it to Second Reading despite the committee's rejection.

For it to advance, he has to first secure a seconder for the motion, and then marshal sufficient support from his fellow Senators. Without adequate backing from the Senate, the Bill will not proceed to Second Reading and will effectively collapse at this stage.

The Nandi Senator had initially claimed that the Bill enjoyed 60 percent support from Kenyans.