On Thursday, September 26, 2024, the Senate conducted the First Reading of the Constitution of Kenya (Amendment) (No. 2) Bill 2024 (Senate Bills No. 46 of 2024). The Bill, now under review by the Standing Committee on Justice, Legal Affairs, and Human Rights, has sparked debate for its proposal to extend the term of office for elected leaders from five to seven years, among other significant constitutional changes.
Key Proposals in the Amendment Bill
The Bill contains several sweeping changes, including:
- Extension of Elected Terms: Perhaps the most contentious proposal is the extension of the term of office for the President, Members of Parliament, County Governors, and Members of County Assemblies from five to seven years. This change, if passed, would reshape the electoral cycle and political calendar in Kenya.
- Introduction of a Prime Minister: The Bill proposes the creation of a Prime Minister’s office, with the President appointing a candidate from the members of Parliament, marking a shift towards a shared executive structure.
- Increased Devolution Funding: In a bid to enhance county-level service delivery, the Bill seeks to increase the percentage of national resources allocated to county governments from 15% to 40%, reinforcing Kenya’s commitment to devolution.
- Parliamentary Oversight of State of Emergency: Another notable proposal is that both the National Assembly and the Senate must approve the extension of a state of emergency, which would enhance checks and balances on executive powers.
- Origination of Bills: The Bill also proposes that legislative proposals, aside from money Bills, may originate in either the Senate or the National Assembly, streamlining the legislative process.
- Oversight of Defence Deployment: The Bill requires that both Houses of Parliament approve any deployment of the Kenya Defence Forces within the country, underscoring the need for heightened oversight in matters of national security.
Public Participation
In accordance with Article 118 of the Constitution, Kenyans are invited to submit their views through written memoranda to the Committee on Justice, Legal Affairs, and Human Rights. The public input will be critical in shaping the final outcome of the proposed amendments.
The amendment to extend election terms, in particular, is expected to generate robust public debate, as its implications reach deep into the political future of Kenya.
