The Senate adjourns in the afternoon session.
The Justice, Legal Affairs and Human Rights Committee has asked the Senate not to pass the Constitution (Amendment) Bill which seeks to extend the term limits for the presidency and other elected leaders.
In its report released on Friday, the Committee disclosed that it received overwhelming responses from thousands of Kenyans opposed to the Bill, particularly the provisions on extending the term limits to seven years.
The Committee led by Bomet County Senator, Hillary Sigei, stated that it had received a total of 168,801 submissions on the Bill by the time the public participation period was coming to a close last week on Friday, October 25.
A large segment of the responses collected from the public and other stakeholders comprising 99.99 per cent, “expressed strong opposition to the Bill, either in its entirety or specifically the clauses relating to the extension of terms of the President, Members of Parliament, Governors and Members of County Assemblies from five years to seven years,” the report read in part.
It added: “Save for eleven (11) stakeholders who submitted specific comments on the respective clauses of the Bill.”
“At the public hearing held on Friday, 25, October 2024, all the presenters expressed strong opposition to and urged the Committee to reject the Bill, save for one (1) stakeholder who spoke in support of the Bill.”
During the public participation held at the KICC Amphitheater in Nairobi, a total of 107 people attended the hearing with 37 presenting oral submissions regarding the Bill.
“Notably, during the public hearing, 36 speakers opposed the Bill in its entirety, while one stakeholder, namely Bunge la Wananchi, spoke in support of the Bill,” the report read.
“Additionally, during the public hearing, the Committee deployed a template through which members of the public could submit comments on the specific clauses of the Bill. A total of 48 of these forms were completed and submitted to the Committee by the close of the hearing.”
Also Read: Why the proposed law change stirred debate
Following its observations, the Committee has called upon the Senate to reject the Constitution of Kenya (Amendment) (No. 2) Bill, 2024 (Senate Bills No. 46 of 2024).
Further, the Committee now wants the Senate Procedure and Rules Committee to review the procedure for consideration of a legislative proposal to amend the Constitution and the Senate Standing Orders.
15 supporting signatures
The amendments proposed by the Sigei-led committee to the Senate Standing Orders require that such a proposal should be accompanied by the signatures of at least 15 other Senators in support unless it is sponsored by the Majority Party or the Minority Party.
It should also provide a framework for debate and collation of the views of Members on the legislative proposal prior to its approval for publication, the report says.
The report listed stakeholders and members of the public who submitted their views regarding the contentious Bill fronted by Nandi Senator Samson Cherargei.
Nandi County Senator Samson Cherargei.
Individuals, constitutional commissions and independent offices (IEBC and the Office of the Controller of Budget), Members of Parliament, County Assemblies Forum, religious organisations, professional and related organisations, were among those who submitted their views.
The Constitution of Kenya (Amendment) (No. 2) Bill, 2024 (Senate Bills No. 46 of 2024) was sponsored by Nandi Senator Cherargei as a private Bill.
It was read the first time in the Senate on September 26, 2024, and committed thereafter to the Senate Standing Committee on Justice, Legal Affairs and Human Rights for consideration and public participation.
Other than term limits extension, “the Bill also contains amendments relating to the mandate and functions of the Senate within the bicameral legislature and devolved system of government.
The Bill seeks to amend several articles of the Constitution to assign the responsibility of approving appointment of various State officers between the Senate and the National Assembly.
If it sails through, the Senate will now vet and approve the appointment of cabinet secretaries, the Attorney-General, the Director of Public Prosecutions, the Chief Justice and judges, the Chairperson of the Commission on Revenue Allocation, Controller of Budget, Auditor-General members of the Public Service Commission, the Inspector-General of Police, and members of constitutional commissions.
The National Assembly on the other hand shall vet and approve for appointment of nominees for offices relating to High Commissioners, Ambassadors and Diplomatic and Consular Representatives.
Standing order 145(5) of the Senate Standing Orders further requires that ‘A committee to which a Bill is committed shall facilitate public participation and shall take into account the views and recommendations of the public when the committee makes its report to the Senate.’
Articles 10(2)(a), 118(1)(b) and 256(2) of the Constitution require that Parliament undertakes public participation when considering legislative and other business before it.
