Raila’s party rejects term-limits bill, warns Senate against violating Constitution

Former Prime Minister Raila Odinga’s party has formally opposed a Bill in the Senate that proposes extending the term limits for elected leaders.

The Constitution of Kenya (Amendment) (No. 2) Bill, 2024, introduced by Nandi Senator Samson Cherargei, aims to extend the terms of the President, Governors, Senators, MPs, and Members of County Assemblies from five to seven years.

The Orange Democratic Movement (ODM) argues that this proposal is unnecessary and unjustified.

“We wish to register our total rejection of the proposed Constitution of Kenya (Amendment) No. 2 Bill, 2024, in its entirety. This rejection is based on the contravention of Article 255(1) of the Constitution of Kenya, 2010, and the subversion of its basic structure,” the party stated in a letter to the Clerk of the Senate.

The party’s Executive Director, Oduor Ong’wen, criticized the Senate’s handling of the issue, asserting that any decision to change term limits should be subject to a referendum.

“The Constitution explicitly requires that any amendment relating to the supremacy of this Constitution; the territory of Kenya; the sovereignty of the people; the national values and principles of governance; the Bill of Rights; the term of office of the President; the independence of the Judiciary and independent offices; the functions of Parliament; and the objects, principles, and structure of devolved government must be approved through a referendum,” stated Ong’wen.

“Article 255(2) mandates that such amendments require at least 20% voter participation in half of all counties, and a simple majority support in the referendum,” he added.

The proposed amendment, according to ODM, seeks to bypass the above constitutional safeguards which it termed crucial.

“This attempt to circumvent proper constitutional procedures threatens the very foundation of our democracy, undermines the sovereignty of the people, and goes against the principle of public participation,” the party stated.

ODM is now calling on Senators to reject this Bill and uphold the principles of good governance, the rule of law, and the constitutional obligation for genuine public participation through a public referendum.

The party also demands an opportunity to make further oral submissions on the matter.