Why Scrapping Presidential Term Limits In Kenya Is Very Difficult

A United Democratic Alliance (UDA) Senator on Tuesday, August 15 revived calls to have the presidential term limit scrapped, just eight months after President William Ruto opposed proposals to have his own term limit doubled.

Laikipia Senator John Kinyua advocated for the abolishment of the presidential term limit, as well as the term limit of governors, arguing that this would empower the leaders who wield those positions to effectively fulfil their commitments to Kenyans that they would be remembered for after they leave.

The UDA legislator made these assertions during the Devolution Conference 2023 happening in Eldoret, Uasin Gishu County.

Though he supported the five-year term limit for other leaders, Kinyua argued that the five-year term limit was insufficient for a president or a governor given the workload that is bestowed upon them in terms of service delivery to Kenyans.

A past photo of Laikipia Senator, John Kinyua shaking hands with President William Ruto. /TWITTER

"Five years is not enough for any leader to do something that Kenyans will remember for a long time. What I would quickly say is that if it is possible, Kenyans will give governors an opportunity to serve for a 10-year term or five years as stipulated in the Constitution.

"The author of the Constitution had a clear mind that he wanted the governor as well as the President to be there for 10 years but there will be some examination at the five-year term so that they can assess whether he is going in the right direction, it's not to say he has done the correct thing so that he can finish in the next five years," he defended.

The last daring proposal to have presidential term limits extended was made by Fafi Member of Parliament (MP) Salah Yakub who disclosed a plan by the lawmakers to scrap the current term limit and replace it with an age limit of 75 years through a constitutional amendment Bill, less than 100 days since President Ruto assumed office on September 13, 2022.

What The Constitution Says About Presidential Term Limits

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. 

Though one cannot rule out the possibility of amending the term limits of a Head of State, those fronting the proposal should know that it is a difficult process to have their wishes granted. The Constitution carries complex mechanisms for amending certain fundamental provisions, and the presidential term limit happens to be one of them.

What It Takes To Change Presidential Term Limit

As per a past report by The Conversation, one of the requirements is that the proposal would have to be approved by Kenyans in a referendum. Voters are unlikely to accept any efforts to interfere with what is a robust and effectively functioning constitutional system...why is that the case?

The purpose of term limits is to minimise corruption and abuse of office, open the government to new people and ideas, and infuse the government with more innovative and creative ways to solve national problems.

Term limits reinvigorate the country’s democracy and curb the potential for monopoly. They protect the democratic system from turning into a de facto dictatorship and prevent the incumbent from becoming a president-for-life.

Term limits are especially important in a country such as Kenya where most citizens still believe that an incumbent administration will favour the president’s ethnic group. They however do not discourage poor performance and the Constitution provides for other ways to deal with gross misconduct from a Head of State, including impeachment.

The Constitution thus sets the process for amending some of its provisions. For instance, changing the term limits of a President in Kenya requires:

• Securing the votes of two-thirds of both houses of parliament – the Senate and the National Assembly
• Securing the support of a simple majority of the citizens of Kenya voting in a referendum.

Chances Of Amending Presidential Term Limit

It is also unlikely that a constitutional amendment to change the presidential term would garner the two-thirds majority in Parliament since it would also require the support of the opposition, as Kenya Kwanza does not hold a two-thirds majority in either house.

The opposition, being Azimio la Umoja, would also oppose efforts to change a presidential term out of concern that the amendment could significantly enhance the president’s ability to remain in power for more than two terms. 

Second, Kenyans would probably see the amendment as a naked power grab and a danger to their constitutional order, and as a result, could punish the proposal’s supporters during future elections.

Third, the complex and prolonged process involved in amending the constitution could derail Ruto’s policy agenda and reduce his re-election prospects in 2027.

Has It Happened Before?

This is not the first time that politicians have proposed amendments to presidential term limits, with the first attempt coming when former president Mwai Kibaki was completing his 10-year (two terms) term of office in 2012, and again in the failed attempt to amend the Constitution during the Building Bridges Initiative (BBI) in 2020.

There were also those who thought that at 61, former President Uhuru Kenyatta was too young to leave office in 2022. 

The proposals were merely hot air from politicians and given the scrutiny of the courts and Kenya's robust civil society, arguably the hardest thing that exceeds threading a needle is making amendments to the 2010 Constitution.

After the latest development, it remains to be seen how President Ruto will react to the proposals by distancing himself from the conversation again and how the opposition will respond.