Opposing the Proposal to Extend Office Terms in the Kenyan Government HiA Network

share with your friends

Email X LinkedIn Facebook Telegram WhatsApp SMS

First published in 2024 – on ALN Academy Articles

In recent developments, a draft Bill has been proposed by certain members of Parliament to extend the terms of the President, Deputy President, Members of Parliament, Senators, and Governors from five to seven years. This proposal, introduced in August 2024, has sparked significant debate and concern among citizens and political analysts alike.

The Bill’s proponents argue that longer terms would provide elected officials with more time to implement their policies and achieve development goals without the disruption of frequent elections. They claim that the current five-year term is insufficient for meaningful progress, particularly in large-scale projects and reforms, and that extending the term to seven years would provide more stability and continuity in governance, allowing leaders to focus on long-term planning and execution. However, the proposal has raised serious concerns among many Kenyans, who fear that such an extension could weaken democratic accountability, increase the risk of entrenched leadership, and undermine public participation in governance. These concerns deserve careful consideration, as extending office terms could have far-reaching implications for Kenya’s democratic institutions and political culture.

The Bill’s proponents argue that longer terms would provide elected officials with more time to implement their policies and achieve development goals without the disruption of frequent elections.

Impact on Accountability

ALN Academy Article Opposing the Proposal to Extend Office Terms in the Kenyan Government 1

Article 10 (2) of the Constitution of Kenya enshrines democracy and public participation as key national values and principles of governance. Extending terms for elected officials could significantly reduce the frequency of electoral accountability, which is essential for democratic governance. Elections are not just procedural; they are a vital mechanism for citizens to evaluate and either renew or withdraw their mandate from elected leaders. By decreasing the frequency of elections, citizens may feel their ability to influence leadership diminishes, leading to disengagement from the political process.

Moreover, elections serve as a powerful tool for holding officials accountable for their actions. With longer terms, elected officials may become less responsive to public concerns, as they would have a longer period before facing voters again. This could weaken transparency and reduce the scrutiny that leaders face, eroding the democratic principles of responsiveness and accountability. The result could be a governance system that is less accountable to the people, weakening the democratic fabric that is foundational to the Kenyan state.

Elections are not just procedural; they are a vital mechanism for citizens to evaluate and either renew or withdraw their mandate from elected leaders.

Article 2: Supremacy of the Constitution

Article 2 of the Constitution asserts the supremacy of the Constitution. It clearly states that the Constitution is the supreme law of the Republic and binds all persons and state organs at both levels of government. Any law or act that is inconsistent with the Constitution is void to the extent of the inconsistency. This provision emphasizes the importance of adhering to constitutional rules and procedures, reinforcing that any attempt to extend the terms of elected officials must strictly comply with the established constitutional framework.

Article 255: Amendment of the Constitution

ALN Academy Article Opposing the Proposal to Extend Office Terms in the Kenyan Government 2

Article 255 outlines the specific matters that require a referendum for any constitutional amendment. One of these matters is the term of office for the President. Furthermore, under Article 255(1)(i), the objects, principles, and structure of devolved government—including the term of office for other elected officials—are also safeguarded, meaning such changes cannot be made without the direct consent of the people through a referendum. This provision ensures that fundamental changes to the Constitution are not made unilaterally by Parliament but are subject to the will of the people, thereby protecting Kenya’s democratic foundations.

While the Bill’s proponents argue that extending office terms would allow for the continuity of projects and reforms, this rationale seems more like a wolf in sheep’s clothing. It risks reviving the concept of an imperial presidency, reminiscent of Kenya’s past under the Repealed Constitution. With the current weak enforcement of Chapter 6 of the Constitution, which governs leadership and integrity, such a change could further weaken the Constitution and undermine its standing as a living document.

Article 256: Amendment by Parliamentary Initiative

Article 256 details the process for amending the Constitution through a parliamentary initiative. Any Bill to amend the Constitution must pass through a rigorous process, including public participation and debate, and requires the support of at least two-thirds of all members of each House of Parliament. This high threshold is intended to prevent hasty or ill-considered amendments that could undermine democratic governance.

In this case, a member of the Senate, Hon. Samson Kiprotich Cherarkey, has proposed the motion. The motion has caused substantial outrage among the public and elicited a strong response from his political party, the United Democratic Alliance (UDA), which has denounced the Bill as “repugnant, retrogressive, and primitive.” The widespread backlash highlights the disconnect between political leadership and the electorate, raising concerns about whether the proposal reflects the will of the people.

Article 257: Amendment by Popular Initiative

Article 257 provides for constitutional amendments through a popular initiative, allowing citizens to propose amendments by collecting at least one million signatures from registered voters. The proposed amendment must then be approved by a majority of county assemblies and both Houses of Parliament. If either House fails to pass the Bill, or if the amendment concerns matters specified in Article 255, it must be submitted to a referendum. This article empowers the people to directly participate in the constitutional amendment process, ensuring that any changes reflect the popular will.

This approach to constitutional amendments balances legislative oversight with direct citizen participation, fostering a more inclusive political environment. Unlike the current Bill, which has been introduced by a parliamentary member under Article 256, amendments under Article 257 would require broader public consultation and direct participation, ensuring that any significant constitutional changes enjoy widespread public support.

Conclusion

The draft Bill to extend the terms of elected officials from five to seven years raises serious concerns about democratic accountability and citizen engagement in Kenya. Extending office terms could reduce electoral accountability, leading to voter apathy and weakening the democratic link between leaders and the electorate.

Upholding the principles enshrined in the Constitution is critical to maintaining governance that is transparent, participatory, and responsive to the needs of the people. It is imperative that both lawmakers and citizens remain vigilant in defending the Constitution and rejecting attempts to dilute the democratic process. Kenya’s strength lies in its commitment to accountable governance, and this must not be compromised for the sake of political expediency.