Inside Cherargei Bill that seeks to increase presidential term limit

Nandi Senator, Samson Cherargei addresses a past press conference. [File, Standard]

A United Democratic Alliance Senator now wants the Constitution amended to extend the term of the president from the current five to seven years.

Nandi Senator, Samson Cherargei Thursday tabled The Constitution of Kenya (Amendment) Bill, 2024, which also seeks the extension of all other elected representatives, among them governors,  Members of Parliament, senators and Members of County Assembly (MCA).

Currently the elected leaders serve for five years before they seek re-election with the President and Governors only allowed to go for two consecutive terms while Members of Parliament and MCAa can be elected for as many terms as possible.

 While moving the Bill for its first reading, Cherargei said, “The Bill seeks to amend Article 136 of the Constitution to increase the term of office of the President from five to seven years and amend articles 101, 177 and 180 of the Constitution to extend the terms of Governors, Senators, Members of National Assembly and MCAs from five to seven years.”

The Cherargei Bill comes up after Fafi MP Salah Yakub caused a storm in November 2022 when he proposed the removal of term limits for the President and instead replace it with an age limit of 75 years with most Kenyans stating that the legislator was looking for cheap publicity.

 The Bill  proposes the creation of the office of the Prime Minister similar to the proposal made in the National Dialogue Committee and the Building Bridges Initiative reports. According to the Bill , the President shall appoint the Prime Minister from among the MPs. The Prime Minister shall be the leader of the largest party or coalition of parties in Parliament. It also seeks to enhance the powers of the Senate by giving it the exclusive mandate to vet some state officers.

The Bill proposes an amendment to Article 181 of the constitution that provides for the procedure for removal from office of a county governor from office or a deputy governor so as to have a decision to impeach a Governor being challenged only at the Supreme Court.

 The Bill states that the Senate should be allowed to vet and approve for appointment Cabinet Secretaries, the Attorney General, the Director of Public Prosecutions, the Chief Justice and judges and members of constitutional commissions.

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 if approved by the House.

The Cherargei Bill if approved will leave the National Assembly with the mandate to vet and approve appointed nominees for High Commissioners, Ambassadors, Diplomatic and Consular representatives.

“The Bill proposes to amend Article 229 of the Constitution to provide for submission of the annual estimates of expenditure for the Office of the Auditor General directly by the Auditor General to Parliament for approval,” said Cherargei.

It also proposes 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 in the law.

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 also proposes that the percentage of the equitable share of revenue allocated to counties be increased from the current 15 per cent to 40 per cent