Proposal to Increase Presidential Term Limits and Create a Prime Minister’s Office in Kenya: A Comprehensive Overview

The political landscape in Kenya is once again shifting, as a new legislative proposal seeks to amend the Constitution to extend presidential term limits from five to seven years and to establish the office of the Prime Minister. Sponsored by Nandi Senator Samson Cherargei, the Constitution of Kenya (Amendment) Bill, 2024, has reignited a contentious debate that was previously shelved due to public outcry. This article delves into the implications of this proposed bill, its historical context, potential impacts on governance, and the reactions from various stakeholders.

Historical Context

The notion of presidential term limits has been a hot topic in Kenya’s political discourse since the dawn of multiparty politics in the early 1990s. The current Constitution, enacted in 2010, was designed to promote democratic governance and prevent the excesses of the past, particularly the long tenures of former presidents like Daniel arap Moi. Under the current framework, presidents serve a maximum of two five-year terms.

However, the proposal to extend the term to seven years is seen by some as a regression to an era of prolonged executive power. This recent bill, which was shelved in September 2023 after significant public backlash, has resurfaced in a climate of renewed political ambition, notably from Senator Cherargei and his allies.

Key Provisions of the Bill

1. Extension of Presidential Term Limits: The proposed amendment to Article 136 of the Constitution seeks to increase the presidential term from five years to seven years. This change would apply to all elected officials, including governors and Members of Parliament (MPs), thereby creating a uniform tenure across the executive and legislative branches.
2. Creation of the Office of the Prime Minister: The Bill proposes to amend Article 151 by introducing Article 151A, establishing the office of the Prime Minister, who would be appointed by the president from among the members of Parliament. This position would be filled by a leader from the largest party or coalition in Parliament, ostensibly to foster collaboration between the executive and legislative branches.
3. Increased Senate Involvement: The proposal also aims to enhance the role of the Senate in national matters, particularly regarding security. It suggests that the Senate should approve the deployment of the Kenya Defence Forces (KDF), a significant shift from the current requirement that such approvals be made by the National Assembly.

Rationale Behind the Proposal

Senator Cherargei argues that the Bill is intended to strengthen the existing system of devolution and improve governance. By creating a Prime Minister’s office, the proposal envisions a more collaborative approach to leadership that includes the executive branch’s direct engagement with Parliament. Furthermore, he asserts that extending the presidential term would allow for more stable governance, particularly in implementing long-term policies and reforms.

Public Reaction and Controversy

The initial proposal in September 2023 faced intense backlash from the public, civil society organizations, and political opponents. Critics argued that extending presidential terms could pave the way for authoritarianism and undermine the hard-won democratic principles established in the 2010 Constitution. Many Kenyans view the proposal as a self-serving move by politicians seeking to entrench their power rather than addressing the pressing issues facing the nation.

The recent reintroduction of the Bill has reignited these debates. Public sentiment remains largely skeptical, with many citizens advocating for the protection of existing constitutional provisions rather than their erosion. Social media platforms have become hotbeds for discussions surrounding the bill, with hashtags promoting civic engagement and awareness of the implications of such constitutional changes.

Political Implications

Should the Bill be passed into law, it could have far-reaching implications for Kenya’s political landscape.

1. Strengthening Executive Power: An extension of the presidential term could result in an increasingly powerful executive branch, diminishing the checks and balances that have characterized Kenya’s recent governance. Critics fear that this move could lead to greater executive overreach and less accountability.
2. Reshaping Political Alliances: The establishment of a Prime Minister’s office could reshape political alliances in Parliament. Political parties may need to navigate new dynamics as they vie for leadership roles, potentially leading to shifts in power that could affect legislative agendas and priorities.
3. Impact on Electoral Dynamics: With longer terms in office, the political stakes in elections could become higher, as incumbents might leverage their extended tenure to consolidate power and resources. This could lead to increased competition and, potentially, more contentious elections as parties and candidates position themselves for the future.

Legal and Constitutional Considerations

The proposed amendments raise several legal questions that could be scrutinized by legal experts and constitutional scholars.

1. Compatibility with Democratic Principles: There is a concern that extending presidential terms may conflict with democratic norms that emphasize accountability and representation. The proposed changes could face challenges in courts if deemed inconsistent with the spirit of the Constitution.
2. Public Participation: The Constitution mandates public participation in any amendments. The initial backlash suggests that the proposal may not have broad public support, raising questions about the legitimacy of the legislative process if the Bill proceeds without substantial public engagement.

The Role of Civil Society

Civil society organizations have a crucial role to play in monitoring the progress of the Bill and advocating for public awareness. As watchdogs, these organizations can provide independent assessments of the proposal’s potential impacts and mobilize citizen engagement to influence the legislative process.

In light of previous protests and public pushback against constitutional amendments, civil society’s role in fostering dialogue and promoting civic education will be essential in shaping the discourse around this proposal.

Conclusion

The Constitution of Kenya (Amendment) Bill, 2024, proposing to extend presidential term limits and create a Prime Minister’s office, represents a significant shift in the country’s political landscape. As discussions surrounding the bill unfold, the implications for governance, democratic accountability, and public sentiment will be critical in determining its fate.

Ultimately, the success or failure of the proposed amendments will hinge on the ability of various stakeholders—politicians, civil society, and the public—to engage in meaningful dialogue about the future of Kenya’s governance. As the nation grapples with its past and strives for a more equitable and just future, the discourse surrounding this bill serves as a reminder of the delicate balance between power, accountability, and the will of the people.