In a significant political development, Nandi County Senator Samson Kiprotich Cherarkey has proposed amendments to the Constitution of Kenya that could dramatically alter the country’s political landscape. The Constitution of Kenya (Amendment) No. 2 Bill, 2024, seeks to increase the term limits for both Members of Parliament (MPs) and the Presidency, as well as to introduce a new position of Prime Minister. These amendments, if passed, would extend the terms of key elected officials and modify the structure of Kenya’s executive branch.
Extending Term Limits for MPs and the President
One of the key aspects of the proposed bill is the amendment to Article 101 of the Constitution, which governs the term limits for Members of Parliament. Currently, MPs serve a five-year term, and the new bill seeks to extend this to seven years. According to the proposed changes, the word “fifth” would be replaced with “seventh” in Article 101, which would mean MPs could remain in office for two additional years per term.
A similar amendment is proposed for the presidential term limits under Article 136. The bill calls for the extension of the President’s term from five to seven years, aligning it with the extended term for MPs. This would give the President two additional years in office for each term, significantly lengthening the time between elections for the highest office in the country.
If the bill passes, it would mark a substantial shift in Kenya’s political timeline, extending the electoral cycle and potentially allowing for more long-term planning and governance. However, the proposal may also raise concerns about political accountability and the concentration of power in the hands of elected officials for extended periods.
Creation of the Prime Minister Position
In addition to changes in term limits, the bill introduces a new position within Kenya’s executive structure: the Prime Minister. The creation of this role is laid out in Article 151A, which establishes the position of Prime Minister, to be appointed by the President. According to the proposed bill, the Prime Minister would be selected from the party or coalition of parties that hold the majority in Parliament.
The Prime Minister, as outlined in the amendment, would be the head of government and would be responsible for the day-to-day administration of the government. This role would involve significant executive responsibilities, although the Prime Minister would remain accountable to Parliament. Importantly, the Prime Minister would serve at the pleasure of the President, and the President would have the authority to terminate the appointment at any time.
This proposal raises important questions about the balance of power within Kenya’s executive branch. The introduction of a Prime Minister could decentralize some of the powers currently held by the President, distributing executive functions between two offices. However, since the Prime Minister would serve at the discretion of the President, the actual independence and authority of the position could be limited.
Changes to Term Limits for County Assemblies and Governors
The proposed bill also addresses term limits for other elected officials. Article 177, which governs the terms of Members of County Assembly (MCAs), would be amended to extend their terms from five to seven years, following the same pattern as the proposed changes for MPs and the President.
Additionally, the bill proposes to amend Article 180, which regulates the terms for Governors and Deputy Governors. As with other elected officials, their terms would be extended from five to seven years. These changes would ensure uniformity in term lengths across different levels of government.
Potential Impacts and Reactions
The proposed amendments by Senator Cherarkey could have far-reaching implications for Kenya’s political system. Extending term limits may provide elected officials with more time to implement their policies and achieve long-term development goals. However, it also raises concerns about reduced accountability and the potential for entrenched political power.
The introduction of a Prime Minister, while potentially redistributing executive authority, may also spark debate about the role and influence of this new office. Given that the Prime Minister would serve at the pleasure of the President, there may be concerns about whether the position would truly provide an independent check on presidential power.
As the bill moves through the legislative process, it is likely to face significant debate both within Parliament and among the Kenyan public. The proposal to extend term limits and introduce a Prime Minister represents a fundamental change to Kenya’s political structure, and its success will depend on whether it can garner enough support from both lawmakers and the electorate.
Conclusion
Senator Samson Kiprotich Cherarkey’s proposed amendments to the Constitution of Kenya could potentially reshape the country’s governance by extending the term limits for key elected officials and creating a new executive position. As the bill moves forward, it will be essential to watch how these changes are received and whether they gain the necessary political and public backing to become law.
