The Orange Democratic Movement (ODM) party has strongly rejected the proposed Constitution of Kenya (Amendment) No. 2 Bill, 2024, which seeks to extend the presidential term from the current five to seven years.

In a statement issued on Monday, October 28, 2024, by the ODM Executive Director Oduor Ong’wen, the Orange party expressed concern over what it termed as a contravention of the Constitution of Kenya, 2010, and a subversion of the nation’s basic democratic structure.

Violation of constitution

The ODM emphasized that the proposed amendments violate Article 255(1) of the Constitution, which outlines matters that can only be amended through a public referendum.

“The Orange Democratic Movement is a political party registered under Section 7 of the Political Parties Act, 2011. We wish to here register our concern by expressing our total rejection of the proposed Constitution of Kenya (Amendment) no. 2 bill, 2024 in its entirety. This rejection is based on the contravention of article 255 (1) of the Constitution of Kenya, 2010 and subversion of its basic structure,” the statement reads in part.

Specifically, the party cited the section of the Constitution that covers changes to the term of office of the President, the sovereignty of the people, the supremacy of the Constitution, and the Bill of Rights, as areas that require public approval through a vote.

“The Constitution explicitly mandates that any amendment related to these crucial national issues must be subjected to a referendum. Bypassing these constitutional safeguards undermines the sovereignty of the people and the democratic process,” ODM stated.

We are opposed to any attempts to increase the Presidential term from the current five to seven years. Such amendments to the constitution MUST be approved by Kenyans through a REFERENDUM. pic.twitter.com/ibxkl4CAGP

— The ODM Party (@TheODMparty) October 28, 2024

ODM further reminded lawmakers that Article 255(2) stipulates that such constitutional amendments require the participation of at least 20% of registered voters in half of the country’s counties, along with a simple majority vote in the referendum.

By proposing the extension of the presidential term without engaging the public in a referendum, the party argued, the Bill threatens to undermine the very foundation of Kenya’s democracy.

ODM calls for Senate rejection

ODM has urged the Senate to reject the proposed Bill that has been sponsored by Nandi senator Samson Cherargei, in its entirety.

The party reiterated that any attempt to bypass constitutional procedures diminishes public trust in governance and weakens the democratic values enshrined in the 2010 Constitution.

“We, therefore urge the Senate to reject this Bill and uphold the principles of good governance, the rule of law, and the constitutional requirement for genuine public participation through a public referendum,” the ODM statement continued.

ODM demand for public engagement

The party has also called for the Senate to give them the opportunity to make further oral submissions on the matter, while demanding written proof that the Senate has received and considered the concerns raised in their memorandum.

The Orange party is seeking an explanation in case the issues raised are not taken into consideration.

“We are demanding an opportunity to make further oral submissions on this Memorandum. We are further demanding written feedback on proof of receipt and actual consideration of this memorandum and taking into consideration sentiments herein by the senate and reasons for non-consideration, if any,” ODM stated.

ODM’s statement comes amid growing concerns among Kenyans over the proposed Bill.

Last week, the Senate’s mailing system broke down after Kenyans sent over 200,000 emails giving their views on the bill.

The Cherargei’s Bill seeks to increase the term limits for the president, governors, members of parliament, and members of county assemblies from the current five to seven years.

ODM’s rejection of the Bill comes days after Kakamega county governor Fernandes Barasa who was elected on the Orange party, opposed it.

Barasa who has been popularising ODM in Kakamega, rallied upon other leaders to turn down the proposal. He noted that leaders should at any point entertain the idea of seeking to extend their tenures.

Defending his opinion, Barasa indicated that all elected leaders should strive to serve the people within the current term limits and then seek re-election based on their performance.