The Senate has moved to dismiss speculation surrounding the Constitution (Amendment) Bill, 2025, clarifying that it neither seeks to extend term limits nor create the position of Prime Minister.
In a statement issued on Tuesday, September 9, the Senate stressed that the proposals contained in the Bill have been misrepresented and do not touch on term limits for elected leaders.
"Nowhere in the Constitution of Kenya (Amendment) Bill, 2025, is there any proposal to extend the terms of office for the President, Governors, MPs, or MCAs from five to seven years. The Bill does not amend the articles of the Constitution that deal with term limits for these elective positions," the statement read.
The Senate further made it clear that the Bill has no intention of restructuring the executive arm of government.
"The Bill makes no mention of creating the Office of a Prime Minister or any other new position within the executive branch. The proposed amendments do not alter the existing structure of the national executive," the statement added.
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The Senate explained that the real intent of the Bill was to reinforce devolution and strengthen the role of the Senate in governance.
Key proposals contained in the Bill included enhancing bicameralism by ensuring that most bills are considered and passed by both the National Assembly and the Senate, and strengthening the Senate’s oversight role in the national budget.
Another proposal was granting the upper house the authority to approve key state officers such as the Controller of Budget and the Auditor-General.
The Bill also sought to protect the autonomy of county legislatures by establishing a constitutionally guaranteed County Assembly Fund to ensure their financial independence.
Senate urged the public to focus on the actual contents of the Bill rather than misinformation being circulated on social media platforms.
"It's crucial to read and verify information before sharing. This Bill focuses on fixing procedural issues in Parliament to better support county governments, not on altering term limits or the structure of the executive," the statement further read.
Nandi Senator Samson Cherargei introduced the Constitution of Kenya (Amendment) (No. 2) Bill seeking extension of term limits in late 2024.
However, it faced overwhelming public opposition; during the public participation phase, the Senate received 168,801 submissions, with 99.99% expressing strong disapproval of the proposed amendments.
At a public hearing at the Kenyatta International Convention Centre (KICC), nearly all participants opposed the bill, with only one stakeholder presenting support.
In response to the public outcry, the Senate's Justice, Legal Affairs, and Human Rights Committee recommended the rejection of the bill.
"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. The Constitution demands that such amendments garner support from both the public and parliamentarians before passage.
"This decision reflects our commitment to protecting both the spirit of our Constitution and the public interest. We cannot proceed with amendments that face such overwhelming opposition from the Kenyan people," the committee's chairman, Bomet Senator Hillary Sigei, said.
The proposal also faced criticism from political parties with United Democratic Alliance (UDA) party distancing itself from the bill.
"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," UDA said in a statement.
