A record 168,801 Kenyans have opposed the proposal to increase the term for leaders to seven years. A report of the Senate Committee on Justice, Legal Affairs and Human Rights that recommended the Bill be rejected, says that the responses by the stakeholders and members of the public were overwhelmingly in opposition.

“Save for eleven (11) stakeholders who submitted specific comments on the respective clauses of the Bill, the rest of the submissions, representing 99.99 per cent of the submissions received, expressed strong opposition to the Bill, either in its entirety or specifically the clauses relating to the extension of terms of the President, Members of Parliament, Governors and Members of County Assemblies from five years to seven years,” the report reads.

The Constitution of Kenya (Amendment) (No 2) Bill, 2024 sponsored by Nandi senator Samson Cherarkey seeks to amend several articles of the Constitution to among other things, extend the terms in office for elected leaders. In their submissions, stakeholders argued that extending the term for leaders will reduce the frequency that citizens hold them accountable as well as diminish the electorate’s say-so, limiting their voice and influence.

Many opposed the Bill saying the proposal would erode democratic accountability, concentrate power, stifle political renewal, risk public discontent, and contravene the original intent of the Constitution. Many more objected to the Bill in its entirety arguing that proposed amendments are insensitive to the current plight of the nation, particularly the looming wage bill and are offensive to the public debt.

Ufungamano Joint Forum termed the Bill self-seeking, self-centred and aimed at benefiting the ruling class. The group observed that the Bill does not add any value to matters of governance by creating the position of the Prime Minister.

 Other stakeholders that objected to the Bill included constitutional commissions and independent forces such as the Independent Electoral and Boundaries Commission (IEBC), Office of the Controller of Budget, senators Karungo Thang’wa, (Kiambu) and Eddy Oketch (Migori), County Assemblies Forum, professional and related organisations such as Federation of Kenya Employers (FKE), Institute of Surveyors of Kenya (ISK), Kenya Tea Growers Association, Agricultural Employers Association and religious organisations such as National Council of Churches of Kenya (NCCK) and PCEA Loresho Community Church.

Others were organisations under youth, women and civil society organisations such as Katiba Institute, Electoral Law and Governance Institute of Africa (ELGIA), Elections Observation Group (ELoG), Women Political Alliance of Kenya, The Big Talk, Bunge la Wananchi, National Student Caucus, Muungano wa Wanavijiji and Pamoja Trust Light of Hope Away from Home.

Former Ethics and Anti-Corruption Commission (EACC) chair Prof Patrick Lumumba opposed the amendment on grounds it will interfere with the constitutional cornerstone of democracy and accountability of leaders. The Elections Observation Group (ELOG) noted that the Bill lacks clarity just one term is insufficient.

They noted that MPs, without term limits, can be re-elected based on performance, making an extension unnecessary. The Bill seeks to, among other things, amend the Constitution by altering the timing of General Elections, establishing the Ofce of the Prime Minister and modify parliamentary functions.