In a decisive blow to proposed constitutional reforms, the Senate Committee on Justice, Legal Affairs and Human Rights has recommended the rejection of a controversial bill that sought to extend the terms of elected officials from five to seven years.
The Constitution of Kenya (Amendment) (No. 2) Bill, 2024, sponsored by Senator Samson Cherarkey, faced public opposition during the consultation phase, with 99.99% of submissions expressing strong disapproval.
“The voice of the Kenyan people has been unequivocal,” declared Committee Chairperson Senator Hillary Wakili Sigei while presenting the report to the Senate plenary.
“Out of 168,801 submissions received, only eleven stakeholders provided specific comments on the bill’s clauses, while the rest overwhelmingly rejected the proposed amendments.”
What is Cherarkey’s proposal?
The bill, which proposed extending the terms of the President, Members of Parliament, Governors, and County Assembly Members, also sought to introduce the position of Prime Minister and modify the Senate’s functions within the bicameral system.
“During our public hearing at the KICC Amphitheater on October 25, we witnessed an unprecedented show of unity among Kenyans,” Sen. Sigei emphasized. “Save for one stakeholder, every single presenter urged the committee to reject this bill in its entirety.”
The committee’s decision was influenced not only by public opposition but also by procedural considerations.
“We find ourselves in a position where even if some amendments proposed in the bill had merit, parliamentary practice and court decisions prevent us from severing the condemned provisions,” Sen. Sigei explained. “The Constitution demands that such amendments garner support from both the public and parliamentarians before passage.”
Looking ahead, the committee has proposed significant procedural reforms. “We recommend that the Senate adopt stronger vetting mechanisms for constitutional amendment bills,” stated Sen. Sigei. “Specifically, we’re calling for a requirement of at least fifteen senators’ signatures in support of any such proposal before it can be published as a bill.”
The chairperson highlighted the financial implications of processing controversial constitutional amendments.
“Subjecting bills to public participation incurs significant costs for Parliament. We must establish a proper sieving mechanism to ensure that proposals have reasonable support before advancing to this stage,” He noted.
“This decision reflects our commitment to protecting both the spirit of our Constitution and the public interest,” Sen. Sigei concluded. “We cannot proceed with amendments that face such overwhelming opposition from the Kenyan people.”
What is the gate of Cherarkey’s bill?
The fate of the Bill now rests in the hands of its sponsor, Sen. Cherarkey, who retains the right to move it to Second Reading despite the committee’s rejection.
For the bill to advance, Sen. Cherarkey has to first secure a seconder for the motion, and then marshal sufficient support from his fellow Senators. Without adequate backing from the Senate, the bill will not proceed to Second Reading and will effectivelycollapse at this stage.
