The Senate Standing Committee on Justice, Legal Affairs and Human Rights has issued an update on the Constitution of Kenya (Amendment) (No. 2) Bill, 2024, which proposes the extension of the presidential term limit and other elective seats to seven years.
The Bill sponsored by Nandi Senator Samson Cherargei was seeking to amend Article 136 of the Constitution which would see Presidents and other elected officials such as Governors and Members of Parliament enjoy a seven-year term.
In a report, the Committee issued its recommendations to the Senate following the conclusion of the public participation exercise.
Kenya’s upper house had invited public views on the Bill after which the Standing Committee held a public hearing exercise on October 25, 2024.
The Committee has in the report however recommended the Senate to drop the Bill.
The Senate committee in the report highlighted that based on the foregoing, it observed that it would be untenable for the Senate to proceed with the consideration and passage of the Bill.
“Arising from its observations in the preceding Chapter, the Standing Committee on Justice, Legal Affairs and Human Rights recommends that the Senate does not pass the Constitution of Kenya (Amendment) (No. 2) Bill, 2024 (Senate Bills No. 46 of 2024),” reads the report.
The Committee further recommended a review of the procedure for consideration of a legislative proposal to amend the Constitution and introduce amendments to two listed Senate Standing Orders.
Senate Committee Provides Update on Extending Term Limits
Among them is the Standing Orders requiring that such a proposal be accompanied by the signatures of at least fifteen other Senators in support, unless it is sponsored by the Majority Party or the Minority Party.
Also Read: Deadline Extended as Over 200K Kenyans Submit Views on Extension of Term Limits
The other one is Standing Orders providing a framework for debate and collation of the views of Members on the legislative proposal prior to its approval for publication.
At the same time, the Committee provided its observations on the Constitution of Kenya (Amendment) (No. 2) Bill, 2024 (Senate Bills No. 46 of 2024), having considered it and the submissions received from Kenyans.
According to the Committee, the stakeholders and members of the public who presented written and oral submissions were overwhelmingly in opposition to the Bill.
“This was particularly on the provisions relating to the proposed extension of terms of the President, Members of Parliament, Governors and Members of County Assemblies from five to seven years, as well as the proposed introduction of the position of Prime Minister,” the report adds.
Also Read: Ruto Declares Stance on Extending Presidential Term Limits
The recommendation notably comes after Senator Cherargei claimed that the majority of Kenyans are supporting the extension of the presidential term limit.
Senator Cherargei on Kenyans supporting the proposal
Cherargei made the claims after the Senate conducted a public participation by allowing Kenyans to send their thoughts through the email of the House.
As of October 25, the Senate had received more than 200,000 submissions, which crashed its email system following the high number of views received from Kenyans.
While speaking in the Senate on October 29, Cherargei said he had suffered a data privacy breach following a huge number of messages and calls from Kenyans.
“Senate has so far received 500, 000 emails reacting to my Bill. As of now, 60 per cent of Kenyans are supporting my Bill and 40 per cent are opposing,” Cherargei said.
The proposal to increase the term limit elicited backlash from Kenyans and mixed reactions from a cross-section of leaders across the country.
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