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The United Democratic Alliance (UDA) has termed Nandi Senator Samson Cherargei's Bill seeking to extend the presidential term limit from five to seven years as profoundly misguided and self-serving.
UDA Secretary General Hassan Omar Hassan said the Bill contravenes long-held aspiration of Kenyans to retire the undemocratic entrenchment of unaccountable political monopolies and hold leadership to account and directly exercise sovereignty.
“The Bill does not seek to pursue any meaningful objectives beyond illegitimate, myopic and retrogressive ends with the masterminds and sponsors of the constitutional amendment Bill evidently preoccupied with sensational distractions and perverse indulgence in political delinquency and legislative mischief,” said Omar.
He argued that the sponsors of this Bill have not engaged in sufficient reflection with regard to the historical origins, institutional basis and political necessity of term limits neither have they duly considered the explicit duty of leadership to uphold the letter and spirit of the Constitution.
Omar said that UDA remembers the lessons of Kenya's history and honours the long struggle of the people for constitutional change.
He emphasized that the new constitutional dispensation has enabled the country make impressive strides in consolidating institutions, deepening democracy, protecting freedoms and placing the economy on the sustainable path of inclusive prosperity.
“The party therefore disassociates itself from the repugnant and backward Bill and calls any of its rank and file who leads, supports or is, in any manner whatsoever, involved with it, to order: The Bill is incompatible with our policy and aspirations. This juvenile political experimentation and delinquent affront to our constitutional values must now crush to a halt,” he said.
Senate Majority Leader Aaron Cheruiyot distanced himself from the Bill terming it a private member’s Bill which does not have the support of the ruling party and the country currently has got more pressing issues that need to be given the necessary attention.
Cheruiyot said most of the issues that Cherargei has raised in the Bill in which the Senate is seeking submissions of memoranda from the public have been well captured in the National Dialogue Committee (Nadco) report which is currently being handled by the Senate and National Assembly Legal Affairs Committees.
“The Constitution of Kenya Amendment (No.2) Bill, 2024 sponsored by Nandi Senator Samson Cherargei is a private member’s Bill and is not supported by the ruling United Democratic Alliance, we have more pressing issues as country that we need to attend to,” he said.
Vihiga Senator Godfrey Osotsi called for focus on implementation of the Nadco report which has similar proposals raised by Cherargei.
Osotsi said that politicians should not be encouraged to bring extraneous issues yet there was an elaborate report that had been worked on by experts that is supposed to be implemented.
“I do not support the extension of term limits for elected from five to seven years. That is a bad proposal. I do not see what someone will do in the extended term limit that he cannot do in the current format, if you are popular the electorate can elect you as many times as possible,” he said.
Senate Justice and Legal Affairs Committee Chairperson Hillary Sigei said that a bipartisan committee of the National Assembly and Senate has been working to ensure the Nadco report is fully implemented.
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Sigei rejected the push to extend the term limit for elected leaders but said his committee will subject Cherargei to public participation.
“The Senate Justice and Legal Affairs Committee will be holding a public hearing for the Bill on October 25 where members of the public are welcome, right now the public can give their views through written memorandum to the Clerk of the Senate,” he said.
Kirinyaga Senator Kamau Murango argued that instead of increasing term limit Cherargei should be talking of reducing the same since Kenyans get tired of their leaders after two years and if elections were to be held today most of them will not get back to office.
Murango said it would be unfair to increase the term limit of Members of Parliament and Members of County Assembly yet they have the leeway of seeking reelection.
He declared support for vetting public officers by the Senate and National Assembly saying that most of the proposals made by Cherargei are already captured in the Nadco report.
“The extension of term limits for elected leaders from five to seven years is a very unpopular proposal in fact we should be talking of reducing it so that leaders can work hard to stand a chance of being re-elected, the other proposals are captured in the Nadco report,” said Murango.
The Cherargei Bill seeks the creation of the office of the Prime Minister just like the proposals made in the Nadco and the Building Bridges Initiative reports.
The Bill proposes that the Prime Minister shall be the leader of the largest party or coalition of parties in Parliament and also seeks to enhance the powers of the Senate by giving it the exclusive mandate to vet some state officers.
“This Bill seeks to amend 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,” said Cherargei.