Senator Cherargei’s Proposal to Extend Presidential Terms and Reinstate Prime Minister Risks Unconstitutional Power Grab and Potential Civil War

Nandi Senator Samson Cherargei’s proposed Bill to extend the terms of the President and all elected leaders from five to seven years, while also introducing the office of the Prime Minister, is a blatant affront to the constitutional order and a direct path to destabilizing Kenya’s fragile democracy.

Here’s why:

Undermining Constitutional Supremacy

Kenya’s Constitution is the supreme law, crafted with painstaking effort to balance power, uphold democratic values, and safeguard citizens’ rights. Extending the terms of elected officials without the people’s consent is a direct violation of Article 1 of the Constitution, which vests all sovereign power in the people. Unilaterally extending terms would deny the people their right to regularly choose their leaders, a fundamental tenet of democracy.

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Threat to Democratic Accountability

The current five-year term was intentionally designed to foster accountability, ensuring elected leaders remain answerable to the electorate within a reasonable time frame. Extending terms to seven years reduces this accountability, giving corrupt and ineffective leaders more time to entrench themselves, misuse resources, and erode public trust. It creates an environment ripe for dictatorship and authoritarianism.

Constitutional Imbalance in Power Sharing

The proposal to establish the office of the Prime Minister, with the President appointing this individual from the largest party or coalition, contradicts the clear separation of powers outlined in Kenya’s Constitution. Such a move reintroduces executive dominance over Parliament, which compromises the independence of the legislative body and creates a hybrid system without clarity. Kenya has already rejected the Building Bridges Initiative (BBI) through the courts for similar reasons, and reintroducing such proposals without a national referendum is unconstitutional.

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Potential for Political Instability 

The proposal sets the stage for political instability and potential civil unrest. Kenyans have fought hard for their democracy, and imposing such fundamental changes without public involvement risks fueling public dissent. The idea that leaders can extend their terms and concentrate power is a dangerous precedent, especially in a country that has a history of electoral violence. It would likely spark widespread protests and, potentially, a civil war.

Violating the Will of the People

In Article 10, the Constitution emphasizes national values like inclusiveness, transparency, and participation of the people in governance. Imposing a longe