UDA Hits Out At Bill Seeking Extension Of Presidential Term Limit

The United Democratic Alliance (UDA) party has distanced itself from Nandi Senator Samson Cherargei's latest push to have the presidential term limit in Kenya increased from the current five years to seven years.

In a statement, acting UDA Secretary General Hassan Omar expressed "great concern and disappointment" regarding the decision by Cherargei to table a Constitution of Kenya (Amendment) Bill, 2024, which seeks to alter the constitutional term limits set for holders of elective offices by extending them.

"Of grave concern is that this cynical, profoundly misguided and self-serving Bill contravenes a long-held aspiration of the people of Kenya to retire the undemocratic entrenchment of unaccountable political monopolies, and seeks to deny the people regular opportunities to hold leadership to account and directly exercise sovereign power. It does not seek to pursue any meaningful objectives beyond illegitimate, myopic and retrogressive ends," read the statement in part.

UDA interim Secretary General, Hassan Omar during a press briefing on August 13, 2024. /UNITED DEMOCRATIC ALLIANCE

"The masterminds and sponsors of the constitutional amendment bill, who are evidently preoccupied with sensational distractions and perverse indulgence in political delinquency and legislative mischief, have not engaged in sufficient reflection with regard to the historical origins, institutional basis and political necessity of term limits."

UDA also accused Cherargei of not duly considering the explicit duty of leadership to respect, uphold and defend the letter and spirit of the country's constitution, and the ruling party's commitment to offer leadership of its common national project of fully actualising its values and principles.

"UDA remembers the lessons of our nation's history and honours the long struggle of the people of Kenya for constitutional change, which delivered us a liberal, progressive, democratic and inclusive constitutional dispensation, that has enabled our nation to make impressive strides in consolidating our institutions, deepening our democracy, protecting our freedoms and placing our economy on the sustainable path of inclusive prosperity," added the statement.

Omar thus announced that the party is disassociating itself from the proposed bill and called on any of its rank and file "who leads, supports or is, in any manner whatsoever, involved with it, to order".

"The bill is incompatible with our policy and aspirations. This juvenile political experimentation and delinquent affront to our constitutional values must now crush to a halt!"

In the Constitution of Kenya (Amendment) Bill, 2024, Senator Cherargei is seeking the extension of term limits for holders of elective offices, including the President and MPs, MCAs as well as governors.

“The Bill proposes to amend Article 136 of the Constitution, which provides for the election of the President, to increase the term of President from five years to seven years,” the Bill states in part.

President Ruto's ally had on September 22, 2023, argued that five years might be insufficient for a president given the workload that is bestowed upon him or her in terms of service delivery to Kenyans as promised in the election manifesto and running of the government. 

However, distanced itself from Cherargei's proposal, affirming that the views of the Senator did not reflect the official position of the Head of State on the matter. Still, Cherargei remained unbowed on his wish.

Why It Matters

If the proposal contained in the Bill is actualised it then means that if one is elected president he or she would be in office for 7 years with the possibility of extension by another 7-year term.

Currently, Article 142 of the Kenyan 2010 Constitution indicates that: (1) The President shall hold office for a term beginning on the date on which the President was sworn in, and ending when the person next elected President in accordance with Article 136 (2) (a) is sworn in. The President, however, is prohibited from holding office for more than two five-year terms. 

As of now, President Ruto is serving the first two years of his five-year term and is allowed to contest for another term in the 2027 general elections. However, if the Bill is passed before then, it would mean that should Ruto be re-elected in 2027, his second and final term would conclude in 2034.