Kenyans have until Friday to submit their views on the Constitution of Kenya (Amendment) Bill, 2024, that seeks to extend the terms of the President and all elected leaders from five to seven years.
In a notice to the public, Clerk of the Senate Jeremiah Nyegenye also announced that the Standing Committee on Justice, Legal Affairs and Human Rights, which is considering the Bill, will conduct a public hearing to consider the amendments on the same day.
The notice came after the Bill published by Nandi Senator Samson Cherarkey was read for the first time in Senate on September 26.
“In accordance with the provisions of Articles 118 and 256 of the Constitution and Standing Order 145 (5) of the Senate Standing Orders, the Standing Committee on Justice, Legal Affairs and Human Rights now invites interested members of the public to submit any representations that they may have on the Bill by way of written memoranda.”
Kenyans may submit their memoranda to the Clerk of the Senate by post office mail, have it hand-delivered to the Office of the Clerk of the Senate at Main Parliament Buildings in Nairobi or send an email to be received on or before Friday, October 25, 2024, at 5 pm.
Prime Minister
The clerk explained that the committee is required, under Standing Order 145(5) of Senate, to facilitate public participation on the Bill and to take into account the views and recommendations of the public when the committee makes its report.
The Bill seeks to increase the terms of MPs, MCAs and Governors to seven years by amending Articles 101, 177 and 180 of the Constitution to extend their respective terms.
For the presidency, the Bill proposes to amend Article 136 of the Constitution, which provides for election of the President, to also increase the term of President from five to seven years. Currently, the Constitution limits the term of the President to a maximum of two terms of five years.
Other proposals in the Cherarkey Bill include the creation of the office of the Prime Minister similar to the proposals contained in the National Dialogue Committee and the Building Bridges Initiative reports. The Prime Minister shall be the leader of the largest party or coalition of parties in Parliament.
Senate powers
It also seeks to give the president the powers to appoint the Prime Minister from among the members of Parliament.
“The Prime Minister shall be the leader of the largest party or coalition of parties in Parliament,” the Bill says.
Further the Bill seeks to give the Senate the powers to vet and approve for appointment of Cabinet Secretaries, he Attorney General, The Director of Public Prosecutions, The Chief Justice and Judges.
In a raft of wide-ranging proposals, the Bill also specifically, seeks to amend Articles 152, 156 157, 166, 215, 228, 229, 245 and 250 of the Constitution to assign the responsibility of approval for the appointment of various state officers between the Senate and the National Assembly.
It also seeks to propose to allow the Senate to be involved in the approval of an extension of a state of emergency.
This is not the first time such a Bill has been brought to parliament as in November 2022, Fafi MP Salah Yakub proposed the removal of the term limit and instead replaced it with an age limit of 75 years. However, the proposal flopped.