- The bill proposes to increase the term of the President, MPs, MCAs, and governors from five to seven years
- Giving the Senate exclusive powers to investigate senior government officials, limiting its powers
- This bill increases the share of revenue to counties from 15% to 40%, and strengthens devolution
A bill to extend the term of the President and all elected officials from five to seven years has been published.
Kenya Constitution Amendment Bill, 2024, sponsored by Senator Nandi Samson Cherargeiis now set to be tabled in the Senate for first reading.
The proposed law extends the term of office of the President, MPs, MCAs and governors to seven years.
Kenyans elect their leaders every five years.
“The bill proposes to amend Article 136 of the Constitution, which allows for the election of the President, to increase the term of the President from five years to seven years,” The bill says.
Additionally, the Bill amends Articles 101, 177 and 180 of the Constitution to extend the term of MPs, senators, MCAs and governors to seven years.
In November 2022, the MP of UDA he started the conversation after opposing the constitutional amendment to remove the presidential term limit.
Fafi Member of Parliament Salah Yakub proposed removing the term limit and replacing it with an age limit of 75 years. However, the proposal was ignored.
Currently, the Constitution limits the term of the President to no more than two terms of five years.
This bill creates the Prime Minister's office similar to the recommendations in the National Committee of Discussion and the reports of the Construction Bridges Program.
It says that the President will appoint the Prime Minister from among the Members of Parliament.
“The Prime Minister will be the leader of the largest party or coalition of parties in Parliament,” The bill says.
It also seeks to strengthen the powers of the Senate by giving it exclusive powers to investigate certain government officials.
“Therefore, this bill aims to increase the role of the Senate by addressing issues that have hindered the implementation of the constitution,” you say
The Senate has largely been seen as a 'dormant House' with limited powers compared to the National Assembly.
In particular, the Bill amends Articles 152, 156, 157, 166, 215, 228, 229, 245 and 250 of the Constitution to give the responsibility of approving the appointment of various government officials between the Senate and the National Assembly.
The Senate, the Bill says, will review and approve the appointment of Cabinet secretaries, the Attorney General, the Director of Public Prosecutions, the Chief Justice and judges.
Parliament will also investigate the chairman of the Revenue Allocation Commission, the Budget Controller, the Auditor General of Government Accounts, members of the Public Service Commission, the Inspector General of Police and members of constitutional commissions.
Currently, government officials are reviewed by the National Assembly.
“The bill, in addition to recommending that the Senate examine the Auditor General of Government Accounts, proposes to amend Article 229 of the Constitution to provide an opportunity for the presentation of the annual estimate of the Office of the Auditor General of Government Accounts directly by the Auditor The head of the Parliament approves,” The bill says.
The proposal leaves Parliament with the authority to vet and approve nominees for high commissioner, ambassador and diplomatic and consular representatives.
The bill provides the Senate as a platform to submit requests for the removal of a member of the constitutional commission or an independent officeholder as opposed to the National Assembly as it is currently provided.
“The main objective of the Constitution Bill Kenya (Amendment) of 2024, is to amend the Constitution to, among other things, expand the powers of the Senate,” the proposed rule states.
It recommends amending Article 58 of the Constitution to allow for the involvement of the Senate and the National Assembly in approving the extension of the state of emergency.
“The state of danger affects the stability and functioning of the nation as a whole, including county governments,” The bill says.
It provides that both Houses of Parliament will approve the deployment of the Kenya Defense Forces to any part of the country.
According to the current conditions, the Parliament approves the deployment of those people.
“The bill proposes that any Bill can come from any House, except for a money Bill [ambao unatoza ushuru na ushuru]which can only come from the National Assembly before going to the Senate,” it says.
In addition, it proposes to amend Article 181 of the constitution to establish a procedure for removing the county governor from office or the deputy governor.
According to the Bill, the impeachment of the governor or deputy by the Senate can only be challenged in the Supreme Court.
The court will decide the case within 30 days.
Currently, such cases originate from the High Court.
The proposed law increases the percentage of equal share of revenue allocated to counties from the current 15 percent to 40 percent.
“The bill aims to strengthen devolution by aligning the responsibilities and tasks of Parliament and all institutions at the national and county government levels.
in a manner that would promote better management of the decentralized administration system,” it says.
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Source: TUKO.co.ke
