Former Prime Minister Raila Odinga’s Orange Democratic Movement (ODM) has firmly rejected a controversial bill in the Senate that seeks to extend the term limits for elected leaders in Kenya. The Constitution of Kenya (Amendment) (No. 2) Bill, 2024, introduced by Nandi Senator Samson Cherargei, proposes extending the terms of the President, Governors, Senators, Members of Parliament (MPs), and Members of County Assemblies from five to seven years. This proposal has ignited a fierce debate about constitutional integrity, democratic principles, and public participation in governance.
Background of the Bill
The term limits bill aims to amend several articles in the Kenyan Constitution, which has been a cornerstone of Kenya’s democratic framework since its promulgation in 2010. The Constitution was designed to promote good governance, accountability, and public participation in political processes. By extending the terms of elected officials, critics argue that the bill undermines the principles of democracy that the Constitution seeks to uphold.
Senator Cherargei argues that the current five-year term is insufficient for elected leaders to implement their agendas effectively. He believes that a seven-year term would allow for greater stability and continuity in governance. However, this rationale has not resonated with many, including ODM, who view the bill as a threat to democratic norms.
ODM’s Position on the Bill
In a letter addressed to the Clerk of the Senate, ODM expressed its unequivocal opposition to the proposed amendment, citing a violation of Article 255(1) of the Constitution. This article outlines the circumstances under which constitutional amendments can be made, particularly those that impact the supremacy of the Constitution, the sovereignty of the people, and the structure of governance in Kenya.
Oduor Ong’wen, ODM’s Executive Director, articulated the party’s concerns, stating that the bill seeks to bypass critical constitutional safeguards that are meant to protect the democratic framework of the country. He emphasized that any amendment affecting the term limits of elected officials must be subjected to a national referendum.
The Need for a Referendum
According to ODM, Article 255(2) mandates that amendments affecting certain fundamental aspects of the Constitution require a referendum, which must achieve at least 20% voter participation in half of all counties and receive a simple majority of support. This process ensures that any significant change in governance structures reflects the will of the people, rather than being imposed by a select group of legislators.
By proposing to extend term limits without going through a referendum, ODM argues that the bill undermines the very essence of democratic governance and public participation. “This attempt to circumvent proper constitutional procedures threatens the very foundation of our democracy, undermines the sovereignty of the people, and goes against the principle of public participation,” the party stated.
Constitutional Safeguards and Democracy
The Kenyan Constitution was crafted with the lessons of past political turmoil in mind. It seeks to promote accountability, transparency, and public involvement in governance. By ensuring that significant amendments undergo rigorous scrutiny through public voting, the Constitution safeguards against the potential for abuse of power by elected officials.
ODM’s rejection of the bill reflects a broader concern among various stakeholders, including civil society organizations and legal experts, about the implications of such an amendment. They warn that extending term limits could lead to entrenchment of power among political elites and diminish the accountability of elected officials to the electorate.
Calls for Good Governance
In its letter, ODM not only called for the rejection of the bill but also urged the Senate to uphold the principles of good governance, the rule of law, and the constitutional obligation for genuine public participation. The party is advocating for a political environment where citizens feel empowered to engage in decision-making processes that affect their lives.
Good governance is not just about the mechanics of policy-making but also about fostering an environment where citizens’ voices are heard, and their rights are protected. Extending term limits without adequate public input threatens to erode the trust between citizens and their representatives.
Implications for Future Governance
The debate surrounding the term-limits bill raises critical questions about the future of governance in Kenya. If the Senate were to pass this bill, it could set a dangerous precedent for future amendments to the Constitution. It may embolden other politicians to seek similar changes that could further entrench their power and diminish the democratic space in Kenya.
Moreover, the potential for public backlash against such a move could lead to social unrest. Kenyans are increasingly aware of their rights and are willing to mobilize against perceived injustices. A decision to extend term limits without a referendum could provoke significant public opposition, reminiscent of past political protests in the country.
Political Context and Reactions
The rejection of the bill by ODM is not just a party issue; it reflects a broader political context where various parties and civil society organizations are increasingly vigilant about preserving democratic norms. This vigilance is crucial, especially in a political landscape marked by deepening divisions and the struggle for power among various factions.
Reactions to ODM’s stance have varied, with some supporting the party’s position while others criticize it as a ploy to maintain political relevance. Critics argue that ODM is using this issue to distract from its internal challenges and political failures. However, supporters emphasize the importance of constitutional integrity and the need for all political actors to prioritize the interests of the Kenyan people over personal or party ambitions.
Conclusion
The proposed Constitution of Kenya (Amendment) (No. 2) Bill, 2024, and ODM’s rejection of it highlight the critical interplay between law, politics, and the democratic aspirations of the Kenyan people. As the Senate deliberates on this bill, the fundamental question remains: will it uphold the constitutional safeguards designed to protect democracy, or will it succumb to political expediency that risks the integrity of Kenya’s governance framework?
The coming weeks will be pivotal as stakeholders rally to ensure that the principles of good governance, accountability, and public participation are upheld. ODM’s call for further oral submissions on the matter signifies its commitment to engaging the public and ensuring that the voices of Kenyans are heard in this crucial debate. Ultimately, the future of Kenya’s democracy hinges on the choices made today, and the hope is that those choices will reflect the will and aspirations of the Kenyan people.
