Parliament Does Not Have the Power to Extend Presidential Term Limit, Says Orengo

Orengo also said that powers to amend the constitution with regards to extending the presidential term limit rests with the people.

Photos: Directorate of Communication, Siaya County Government.

The County boss termed the idea by Nandi Senator Samson Cherargei as a bad joke.

“Power to extend the presidential term limit is vested in the public through referendum,” said Orengo adding that parliamentarians cannot wield such powers.

Orengo made the statement while addressing mourners at Mukulusu Primary School in Kakamega County during the burial of his in-law Olympio Luseno Khayadi. He urged legislators to reject the ill-intentioned bill at all costs as it does not reflect the wishes of Kenyans.

The bill sponsored by Nandi Senator Samson Cherargei does not add any value to the lives of Kenyans.

“The constitution was enacted by Kenyans not legislators so as ODM we shall not allow anybody to mutilate it in favor of their selfish interests,” said Orengo adding that they shall protect the laws of this country, at all costs.

He reiterated his earlier assertion that ODM Party believes peace can only thrive in the country when guided by the constitution.

Orengos sentiments were echoed by other three ODM leaders present at the function; Vihiga Senator Godfrey Osotsi, Ikolomani MP Bernard Shinali and Kakamega Women Representative Elsie Muhanda who all vowed to rally leaders to reject the bill in totality.

“The term limit extension is not our portion but an opinion of Cherargei’ and his masters,” said Osotsi.

“If anything, five years is sufficient for a leader to promulgate their policies . We, strictly, don’t buy the idea of term limit extension, period.” he added.

Mr Shinali said the idea of extending the term limit favours non-performers who needed to be uprooted, not tolerated.

“Those in leadership now will be judged harshly in 2027 because the motion prompted by Cherargei is bound to fail,” said Shinali, adding “Parliamentary seats will be declared vacant in 2027 and politicians including myself will seek for re-election. Those who have not delivered their pledges will stand to be questioned.”

“Non-performers will be locked out of positions and nobody will come to your aid because you failed to respond to them during their hour of need.”

The Standing Committee on Justice, Legal Affairs and Human Rights has asked the Senate not to pass the Bill proposing an extension of the term of the President and other elected leaders.

In its report, the committee noted that stakeholders and members of the public who presented written and oral submissions to the committee were overwhelmingly in opposition to the Bill sponsored by Cherargei.

“This was particularly so on the provisions relating to the proposed extension of terms of the President, Members of Parliament, and Governors and Members of County Assemblies from five to seven years, as well as the proposed introduction of the position of Prime Minister,” the report stated.

The committee chaired by Hillary Wakili (Bomet) observed that there should be a sieving mechanism for vetting and approving Bills to amend the Constitution before they are introduced in either House of Parliament and subjected to public participation as in the present case.

“This is to ensure that there is a reasonable level of support for the proposals both among members of the public as well as Members of Parliament who would be required to consider and vote on the Bill,” the committee said in its report.

The committee recommended that the Procedure and Rules Committee of the Senate review the procedure for consideration of a legislative proposal to amend the Constitution.

It said there should be a requirement that such a proposal be accompanied by the signatures of at least 15 other Senators in support unless it is sponsored by the Majority Party or the Minority Party.

It added that there should be a framework for debate and collation of the views of senators on the legislative proposal before its approval for publication.