National Assembly receives proposal to limit terms of elected leaders
The National Assembly during the session on October 18, 2024.
The National Assembly has received a fresh proposal seeking to limit the terms of elected leaders, including senators, Members of Parliament and ward representatives to two terms only.
In a petition likely to elicit debate across the country, a Nakuru-based civil rights group says the move would create fairness within the political cadres, and also allow the electorate to experience a range of talents and gifts in other emerging leaders.
In its petition to the National Assembly, the civil society group Grassroot Civilian Oversight Initiative wants MPs to enact a law that would restrict the representatives, both at the county and national level, to serve a maximum of ten years, the same way the President, his deputy, governors and their deputies do.
Mr Laban Omusundi, the initiative coordinator, argues that the move would create fairness within the political cadres and give another chance for other people to lead.
Armed with Article 37 and 119 of the Constitution, Mr Omusundi notes that the drafters of the supreme Law had a reason to cap the terms of the President and the governors and the same reasons should apply to the other political seats.
"The two terms serving factor of the president and the governors should trickle down to the other elected political leaders to inform fairness to all cadres of political seats and furthermore to harvest different gifts and talents in other emerging leaders in that course,” states Mr Omusundi.
The petitioner further argues that it is unfair to have one group of leaders serve for two terms, while others are allowed to serve for life.
According to him, as efforts are being put towards making Kenya a better place for everyone, some laws or gaps in law are providing an opportunity for other people to claim entitlement to the seats as their 'birth rights.'
Article 142 of the Constitution on the terms of a president provides that a person shall not hold an office for more than two terms.
The move comes at a time when Kiambu Senator Karungo Thang'wa has proposed a reduction of term limits for all elected leaders to four years.
The senator argues that the four-year term limit will help to enhance accountability and political participation.
According to Mr Thang'wa, the proposal gives new leadership opportunities and provides prevention of power consolidation and adaptability in governance.
Thang'wa says the four-year term limit would strengthen Kenya's democratic norms.
The senator further says four years in office would provide a space for Kenyans to frequently hold their leaders to account.
“Voters deserve the right to evaluate their representatives and make necessary changes based on their governance. It will also encourage mental political participation,” the senator argued.
He said those shorter terms will further invigorate public interest in politics and Kenyans will also know they can influence leadership and decisions every four years.
The lawmaker said Kenyans are more likely to engage in the electoral process compared to a longer term.
The bids to cap and shorten the terms of people’s representatives come against the backdrop of a proposal by Nandi Senator Samson Cherargei to increase the term of a president and other elected leaders from five to seven years.
Mr Cherargei’s bid, which has been rejected and condemned in equal measure, has already suffered a setback after the Senate Standing Committee on Justice, Legal Affairs and Human Rights has asked the House not to pass it.
In its report, the committee noted that stakeholders and members of the public who presented written and oral submissions to the committee were overwhelmingly opposed to the Bill.
“This was particularly on the provisions relating to the proposed extension of terms of the President, members of Parliament, and 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 said.
The committee chaired by Hillary Wakili (Bomet) observed that there should be a sieving mechanism for vetting and approving bills to amend the Constitution before they are introduced in either House of Parliament and subjected to public participation as in the present case was shot down by the Senate.
