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| Nandi Senator Samson Cherargei |
A Bill extending the terms of the President and all elected leaders from five to seven years has been published.
The Constitution of Kenya (Amendment) Bill, 2024, sponsored by Nandi Senator Samson Cherargei, is now set for introduction in the Senate for first reading.
The proposed law increases the term of service for the President, MPs, MCAs and governors to seven years.
Kenyans elect their leaders after every five years.
“The Bill proposes to amend Article 136 of the Constitution, which provides for election of the President, to increase the term of President from five years to seven years,” the Bill states.
Further, the Bill amends Articles 101, 177 and 180 of the Constitution to extend the terms of MPs, senators, MCAs and governors to seven years.
In November 2022, a UDA legislator triggered talks after he fronted a constitutional amendment to remove the presidential term limit.
Fafi MP Salah Yakub proposed the removal of the term limit and instead replaced it with an age limit of 75 years. However, the proposal flopped.
Currently, the Constitution limits the term of the President to a maximum of two terms of five years.
The Bill creates the office of the Prime Minister similar to the proposals in the National Dialogue Committee and the Building Bridges Initiative reports.
It states that the President shall appoint the Prime Minister from among the members of Parliament.
“The Prime Minister shall be the leader of the largest party or coalition of parties in Parliament,” the Bill says.
It further seeks to enhance the powers of the Senate by giving it the exclusive mandate to vet some state officers.
“This Bill therefore seeks to increase the parliamentary role of the Senate by addressing the issues that have hampered the implementation of the constitution,” it states.
The Senate has largely been seen as ‘an idle’ House with a limited mandate compared to the National Assembly.
Specifically, the Bill amends Articles 152, 156 157, 166, 215, 228, 229, 245 and 250 of the Constitution to assign the responsibility of approval for appointment of various state officers between the Senate and the National Assembly.
The Senate, the Bill states, shall vet and approve for appointment Cabinet secretaries, the Attorney General, the Director of Public Prosecutions, the Chief Justice and judges.
The House will also vet the chairperson of the Commission on Revenue Allocation, the Controller of Budget, the Auditor General, members of the Public Service Commission, the Inspector General of Police and members of constitutional commissions.
Currently, state officers are vetted by the National Assembly.
“The Bill, in addition to proposing that the Senate vet the Auditor General, proposes to amend Article 229 of the Constitution to provide for the submission of the annual estimates of expenditure for the Office of the Auditor General directly by the Auditor General to Parliament for approval,” the Bill says.
The proposal leaves the National Assembly with the mandate to vet and approve appointed nominees for high commissioner, ambassador, and diplomatic and consular representatives.
The Bill provides the Senate as the forum for filing petitions for the removal of a member of a constitutional commission or holder of an independent office as opposed to the National Assembly as currently provided.
“The principal object of the Constitution of Kenya (Amendment) Bill, 2024, is to amend the Constitution to, among others, expand the mandate of the Senate,” the proposed law states.
It proposes to amend Article 58 of the Constitution to provide for the involvement of the Senate and the National Assembly in the approval of an extension of a state of emergency.
“A state of emergency affects the stability and functioning of the nation as a whole including county governments,” the Bill states.
It provides that both Houses of Parliament shall approve the deployment of the Kenya Defence Forces in any part of the country.
Under the current provision, the National Assembly approves such deployment.
“The Bill proposes that any Bill may originate in either House of Parliament, save for a money Bill [which imposes taxes and levies], which may only originate in the National Assembly before going to the Senate,” it says.
In addition, it proposes to amend Article 181 of the constitution to provide for the procedure for removal from office of a county governor from office or a deputy governor.
According to the Bill, the removal of a governor or deputy by the Senate by way of impeachment can only be challenged at the Supreme Court.
The court shall determine the case within 30 days.
Currently, such cases begin at the High Court.
The proposed law increases the percentage of the equitable share of revenue allocated to counties from the current 15 per cent to 40 per cent.
“The Bill seeks to strengthen devolution by aligning the roles and functions of Parliament and all entities at the national and county levels of government in a manner that would promote the effective administration of the devolved system of governance,” it states.
by JULIUS OTIENO