Senator Samson Cherargei
By: Elijah Maingi, Political Commentator
Senator Samson Cherargei’s proposed Constitution of Kenya (Amendment) Bill, 2024, advocating for a seven-year term for elected leaders and the creation of a Prime Minister’s office, is a step in the wrong direction. Extending presidential and parliamentary terms and reintroducing a political office abolished in 2010 would not only go against the spirit of the Constitution but would also have adverse political, social, and economic repercussions for the country.
Political Stability and Accountability
Kenya’s 2010 Constitution was a product of decades of struggle, aimed at building democratic institutions, limiting executive power, and ensuring regular accountability. A five-year electoral cycle ensures that leaders are regularly held accountable by the electorate. Extending this period to seven years would erode this principle of accountability. As it stands, Kenyan citizens can evaluate their elected leaders more frequently and make changes where leadership falls short. With a seven-year term, voters would have to endure poor leadership for much longer before they can institute change, weakening the democratic principle of direct accountability.
The proposal also reflects a dangerous appetite for power consolidation. Introducing a Prime Minister, who would be appointed by the President, is a departure from Kenya’s political framework, which deliberately avoided the hybrid political system to prevent the type of executive overreach that characterized the pre-2010 era. This change could destabilize Kenya’s political balance, introducing power struggles between the President and the Prime Minister, reminiscent of the fragile coalition governments of the past.
Social Consequences: Straining Democracy
Kenya’s social fabric is fragile, and extending the term limits could exacerbate tensions and divisions. The regular electoral process allows for peaceful transitions of power and helps diffuse political tensions. Elections serve as a social safety valve, giving citizens the opportunity to express their frustrations through the ballot. Prolonging this period to seven years increases the likelihood of unrest, especially in regions that feel politically disenfranchised.
Kenya has experienced cycles of political violence, particularly around election periods, driven by perceptions of exclusion or marginalization. By stretching the electoral cycle, the country risks prolonging these feelings of alienation. Moreover, with the added position of Prime Minister, new ethnic or regional contestations might arise over who holds what office, leading to heightened political instability.
Economic Ramifications: Increased Costs and Uncertainty
Economically, elections are expensive. The Independent Electoral and Boundaries Commission (IEBC) spends billions of shillings to organize general elections. Prolonging electoral cycles could ostensibly reduce these costs in the short term. However, the proposal does not account for the hidden costs of poor governance and unaccountable leadership. When leaders know they will not face the electorate for seven years, it could lead to complacency, stagnation, or corruption, all of which would hinder Kenya’s economic growth and stability. A five-year term provides a balance between governance and accountability while encouraging a healthy focus on delivery and results.
Furthermore, the reintroduction of the Prime Minister’s office brings unnecessary bureaucratic bloat, diverting resources that could otherwise be spent on development. The political wrangling that would likely result from the new executive arrangement would create uncertainty, potentially scaring off investors and reducing economic productivity.
A Constitutional Violation
Kenya’s 2010 Constitution was clear about its intentions to streamline governance and limit the executive’s reach. Article 142(1) of the Constitution provides for a presidential term of five years, renewable only once. It was a deliberate move to curtail the possibility of a return to an authoritarian presidency. The Constitution intended to prevent the prolonged rule and abuse of power that had plagued the country in the past.
Additionally, the Constitution abolished the office of the Prime Minister, opting for a more straightforward presidential system to avoid power struggles at the executive level. Reviving this office contradicts the very spirit of the Constitution’s framers, who wanted a government that would deliver services efficiently and remain answerable to the people.
In a country still grappling with poverty, inequality, and corruption, the focus should be on delivering to the people—not clinging to power.
Kenya deserves better. We must reject any proposal that threatens to take us back to the dark days of unchecked leadership. Our Constitution is a symbol of progress; let’s protect it.
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