Petition filed to limit nominated MCAs tenure to one term

Siaya County Assembly during a sitting on November 8 2017.[File-Standard]

A petition has been tabled before the Senate seeking to limit the tenure of Members of County Assembly to one term.

Senate Speaker Amason Kingi issued this communication of the petition before the house on Wednesday during the afternoon session. The petitioner, Laban Omusundi, has raised a number of issues to be addressed lamenting how positions designed for inclusion have become lifetime entitlements.

He argues that Article 90 of the constitution established the party lists nominations as a mechanism to correct exclusion and expand representation but not to entrench privilege. He further says that the repeated nomination of  MCAs amounts to deliberate subversion of the Constitution which subjects nomination to political patronage.

According to Omusundi, the continued recycling of the same individuals, illegally converts public positions into personal property, locks out thousands of deserving Kenyans including youth, women and persons with disabilities, defeats the very purpose of affirmative action and erodes public confidence in democratic institutions.

He adds that the absence of a statutory term limit for nominated MCAs  has created a dangerous legislative vacuum being exploited to capture and privatize constitutional opportunities. He argues that while elective seats such as Governors are subject to term limits to prevent entrenchment of power, the same is not there for the nominated MCAs.

Positions designed for inclusion have become lifetime entitlements.

In his prayers, the Senate should establish a legal framework of imposing a strict one term limit with no exceptions. Speaker Kingi has committed the petition to the Justice and Legal Affairs Committee which is expected to table a report before the senate in 60 days for consideration.

The committee which is chaired by Bomet Senator Hillary Sigei is expected to start deliberations on the petition.

Article 119(1) of the Constitution of Kenya 2010 allows citizens to petition parliament to consider any matter within its authority including to enact, amend or repeal any legislation.