The Senate Committee on Justice, Legal Affairs and Human Rights (JRAHRC) has weighed in on a proposal seeking to impose a one-term limit on nominated Members of County Assemblies (MCAs).
Speaking during a meeting on July 29, members of the Committee argued that the existing legal and constitutional framework already provides adequate guidance on nominations.
Considering a petition filed by Laban Omusundi and several others, the lawmakers emphasized that repeated nominations risk converting affirmative action slots into political patronage.
The petition was among two electoral reform proposals reviewed by the committee submitted by Mohamed U. Alasow, which sought the reintroduction of the Elections (Amendment) Bill, 2021.
MCA Term Limit Proposal
During deliberations on the MCA term-limit proposal, committee members raised concerns about the constitutionality of imposing restrictions on nominated representatives.
Makueni Senator Daniel Maanzo opposed the proposed cap, maintaining that political parties should retain the authority to determine who appears on party nomination lists.
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Daniel Maanzo added that imposing the limit will make it difficult to maintain the balanced representation for women, youths and persons with disabilities, creating a practical and constitutional difficulty.
“Nominations should be left to political parties. A one-term limit may sound attractive, but it can create practical and constitutional difficulties, especially where parties are trying to balance representation for women, youth and persons with disabilities,” Daniel Maanzo stated.
Similarly, Kisumu Senator Tom Ojienda questioned the fairness of targeting nominated MCAs while elected members face no comparable restrictions.
According to Ojienda, the reform to the MCAs’ term limit should address nomination procedures through which political parties select members, not targeting one category of members.
Committee Chairperson Wakili Hillary Sigei, on his part, explained that the committee sees no urgent need for major legislative changes.
In addition, he cited existing laws that already provide mechanisms to address concerns raised in electoral processes.
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Senate on Ballot Papers Names Ahead of 2027 Elections
In a separate petition, the lawmakers weighed in on the use of popular names on ballot papers.
The committee observed that Kenyan law already allows individuals to formally change or regularize their names before seeking elective office.
Sigei argued that aspiring candidates have sufficient time to utilize existing legal channels before nominations and elections.
“A decision to contest an election does not arise all of a sudden. Anyone who intends to vie and wishes to change or regularize their name has sufficient time and existing legal avenues under our laws to do so before nomination and election time,” Wakili Hillary Sigei directed.
Further, the committee noted that similar proposals had previously been introduced in the 12th Parliament but failed to complete the legislative process before the end of the parliamentary term.
Members of the Senate committee cited concerns from stakeholders that allowing popular names on ballot papers could undermine ballot uniformity.
In addition, name changes on ballots would increase administrative costs and potentially create confusion if candidates adopted temporary or politically motivated identities.
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