ODM leader Raila Odinga has firmly opposed Nandi Senator Samson Cherargey’s proposed amendment bill to extend the terms of elected officials from five to seven years. This proposal, which would impact the President, Members of Parliament, MCAs, and governors, has sparked significant resistance from both the Orange Democratic Movement (ODM) and the National Assembly’s Justice and Legal Affairs Committee (JLAC). Both entities have labelled the bill unconstitutional and unfeasible.
In a recent report to the National Assembly, JLAC, led by Tharaka MP George Murugara, warned that extending the Senate’s term to seven years would result in “legal, practical, and administrative challenges.” ODM, on the other hand, invoked Article 255(1) of the Constitution, highlighting that bypassing a public referendum for such an amendment disrupts the Constitution’s core structure and undermines democratic processes.
ODM Executive Director Oduor Ong’wen called on the Senate to reject the bill, stressing the necessity of upholding democratic principles and ensuring robust public participation. He noted that amendments of this scale demand a public referendum with a minimum of 20% voter turnout across at least half of the counties, followed by majority approval. ODM further requested an opportunity to submit additional views to the Senate, seeking written confirmation that their concerns would be duly considered.
JLAC also criticized the idea of staggered election cycles, advocating instead for consolidating elections to reduce costs. Additionally, they questioned the relevance of the Senate, suggesting that the solid establishment of devolution may now warrant a reassessment of the Senate’s role in governance.
The public has shown overwhelming interest in this issue, with over 200,000 submissions flooding the Senate’s email system during the participation phase—a response so massive it temporarily overwhelmed their servers. The scale of public involvement underscores widespread concerns about the proposed changes.
Alongside term extensions, the bill includes provisions to introduce a Prime Minister’s position and expand Senate powers. This proposed amendment has met strong resistance, not only from ODM and JLAC but also from Kenyans at large, who view it as a threat to the foundational principles of democratic governance.
