Kenya: ODM Urges Senate to Reject Bill That Seeks Term Limits Extension

Nairobi — The Orange Democratic Movement (ODM) party has urged the Senate to reject the 7 year term limit proposal which seeks extension of presidential term limit and other elective seats stating that it offends the constitution’s basic structure.

ODM party Executive Director Odour Ong’wen stated Monday that the Constitution of Kenya (Amendment) Bill poses a threat to the nation’s democracy and that the Senate should reject it completely.

“We therefore urge the Senate to reject this Bill and uphold the principles of good governance, the rule of law and the constitutional requirement for genuine public participation through a public referendum,” he urged.

Ong’wen affirmed that the proposed amendment contravene several sections of the constitution including laws relating to supremacy of the Constitution, the Bill of rights and the sovereignty of the people.

“We wish to register our concern by expressing 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 subversion of its basic structure,” he said.

He asserted that the proposed amendment seeks to bypass crucial constitutional processes including referendum adding that such amendments require at least 20 percent voter participation in half of all counties and a simple majority support in the referendum.

The proposed law if passed will also impact the functions of Parliament, the independence of the Judiciary and other independent offices.

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

The International Commission of Jurists (ICJ) also opposed the proposed law saying it’s a ploy to serve selfish interests of politicians.

ICJ Kenya chapter chairman Protas Saende said the proposed amendments will weaken the existing governance framework adding it is unjustified for politicians to wield power under the pretence of reforms.

“The political temperature, though rising, has yet to reach a boiling point and if our leaders continue down this path of self-serving legislation, they are pouring fuel on a smouldering fire,” Saende stated.

The bill by Nandi Senator Samson Cherargei seeks to extend the terms in office for the president, county governors and Members of Parliaments from five to seven years, among other constitutional amendments.

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