A new Bill has emerged that proposes extending the terms of the President and all elected leaders from five years to seven years.
Sponsored by Nandi Senator Samson Cherargei, this initiative seeks to revise the terms of service for the President, Members of Parliament (MPs), Members of County Assemblies (MCAs), and governors, setting the stage for a significant shift in Kenya’s political landscape.
The Constitution of Kenya (Amendment) Bill, 2024, is set to undergo its first reading in the Senate soon.
The proposed legislation aims to amend Article 136 of the Constitution, which currently governs the election of the President. By extending the President’s term from five years to seven years, the Bill seeks to provide leaders with a longer duration to implement their policies and strategies effectively.
Additionally, it amends Articles 101, 177, and 180 to reflect the same extension for MPs, senators, MCAs, and governors.
Office of Prime Minister
In a notable addition, the Bill introduces the office of the Prime Minister, which echoes proposals put forth in both the National Dialogue Committee and the Building Bridges Initiative reports.
The Bill specifies that the President will appoint the Prime Minister from among members of Parliament, indicating that “the Prime Minister shall be the leader of the largest party or coalition of parties in Parliament.”
This change aims to strengthen the executive branch by ensuring that the Prime Minister has substantial backing from the legislative arm of the government.
To enhance the Senate’s authority, the Bill grants it exclusive powers to vet specific state officers. The Bill articulates its intent, stating, “This bill seeks to increase the parliamentary role of the Senate by addressing the issues that have hindered the implementation of the Constitution.” This move aims to bolster the Senate’s influence in governmental affairs.
The Bill proposes amendments to several articles, including Articles 152, 156, 157, 166, 215, 228, 229, 245, and 250. These changes will redistribute the responsibility of approving appointments for various state officers between the Senate and the National Assembly.
Senate Powers
Under this new framework, the Senate will vet and approve appointments for Cabinet secretaries, the Attorney General, the Director of Public Prosecutions, the Chief Justice, and judges. It will also oversee appointments for the chairperson of the Commission on Revenue Allocation, the Controller of Budget, the Auditor General, members of the Public Service Commission, the Inspector General of Police, and members of constitutional commissions.
Furthermore, the Bill designates the Senate as the appropriate forum for filing petitions to remove members of constitutional commissions or independent officeholders, moving away from the current practice that relies solely on the National Assembly.
“The principal object of the Constitution of Kenya (Amendment) Bill, 2024, is to amend the Constitution to, among other things, expand the mandate of the Senate,” the proposed law outlines.
State of Emergency
In addition, the Bill seeks to amend Article 58 to require joint approval from both the Senate and the National Assembly for extending a state of emergency. It also stipulates that both Houses of Parliament must now approve the deployment of the Kenya Defence Forces within any part of the country, reversing the previous system where the National Assembly held sole authority.
The proposed legislation further states that any legislation, except for money bills—which must originate in the National Assembly—can start in either House of Parliament. Additionally, it aims to amend Article 181 regarding the removal procedures for county governors or deputy governors.
Under this proposal, any challenge to a governor’s impeachment by the Senate will be addressed exclusively at the Supreme Court, which is mandated to resolve the case within 30 days.
Lastly, the amendment proposes increasing the equitable share of revenue allocated to counties from the current 15 percent to 40 percent, aiming to strengthen devolution and enhance governance at both the national and county levels. This comprehensive Bill has the potential to reshape Kenya’s political framework, impacting governance and accountability across the country.
