The term length of Kenyan presidents has been a subject of significant debate and constitutional reform over the years. Kenya's constitution sets a two-term presidential limit. This article delves into the constitutional framework, historical context, and ongoing debates surrounding presidential term limits in Kenya.
Constitutional Framework
Kenya is a sovereign Republic and a multiparty democratic state. The concept of “state officer” first appeared in the Bomas draft Constitution. Article 4 describes the President as the State and Commander-in-Chief of the armed forces of the Republic. The president is elected by popular vote in the general election held in the month of August every five years.
Kenya’s new Constitution in 2010 reaffirmed the two-term limit for presidents. The 2010 constitution was expected to provide more peaceful mechanisms for dealing with election-related disagreements. The Kenyan constitution provides other ways of dealing with presidents who engage in gross misconduct. This includes impeachment.
The purpose of term limits is to minimise corruption and abuse of office, open the government to new people and ideas, and infuse the government with more innovative and creative ways to solve national problems. Most importantly, term limits reinvigorate the country’s democracy and curb the potential for monopoly. They protect the democratic system from turning into a de facto dictatorship, and prevent the incumbent from becoming a president-for-life.
Fortunately for Kenya and its democracy, it will be difficult for any government to get rid of term limits. The constitution provides complex mechanisms for amending certain fundamental provisions, including the term limit for presidents. One of the requirements is that the proposal would have to be approved by Kenyans in a referendum.
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These provisions show that the drafters of the 2010 constitution were aware of the importance of constitutional stability and predictability. They were also alive to the value of certain provisions in the proper and effective functioning of the country’s democratic institutions, and the rule of law.
Historical Context
Kenya has had four Presidents since independence. Upon Jomo Kenyatta's death on 22nd August 1978, Daniel arap Moi took over the leadership. He retired on 30th December 2002 in line with a constitutional Provision which limits the Presidential term to a maximum 10 years of 5 years each. This provision took effect in 1991 following the re-introduction of multipartism. Previously Kenya was a single party state.
Mwai Kibaki took over from Moi on 30th December 2002 to become Kenya’s third President. Kibaki and his National Rainbow Coalition (NARC) won with a landslide in the December 27 2002 general elections, thus ending KANU’s forty year dominance.
In December 2007, President Kibaki under the Party of National Unity (PNU) ran for re-election against the main opposition party candidate, Raila Odinga, of the Orange Democratic Movement (ODM). After the outcome of those elections, a Grand Coalition Government was formed in which Raila Odinga became the Prime Minister. On 4th August 2010, a constitutional referendum was held in which a new Constitution was adopted by the majority of Kenyan voters. The new Constitution was promulgated on 27th August, 2010.
The first election under the new Constitution was held on March 4th 2013. Uhuru Kenyatta of The National Alliance (TNA) party won the Presidential election. He was inaugurated as the President of the Republic of Kenya on April 9th 2013 while his running mate, William Samoei Ruto of the United Republican Party (URP) became the Deputy President of the Republic of Kenya.
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His Excellency Dr William Samoei Ruto was sworn in on September 13, 2022, after winning the Presidential election.
Current Debates and Proposals
In Kenya, debate about the rules governing the presidential game gain traction from time to time. A member of parliament in Kenyan president William Ruto’s governing coalition created a firestorm by suggesting that there was a plan to remove presidential term limits in the country.
In recent year, some lawmakers have suggested extending the presidential term from five to seven years, arguing that five years is “not enough to run a government”. Others have proposed the introduction of a maximum age limit for presidential candidates, capped at 75 years.
This is not the first time that politicians have proposed amendments to presidential term limits. It came up when former president Mwai Kibaki wound up his term of office in 2012. It was inferred in the failed 2020 effort to amend the constitution. There were also those who thought that at 61, former president Uhuru Kenyatta was too young to leave office in 2022. None of these efforts moved beyond politicians’ wishes.
Opportunistic constitutional changes are unlikely to succeed, given the scrutiny from the courts and Kenya’s robust civil society. In my view, the main party in the ruling coalition should have issued a much stronger statement than it did against the suggestion to increase the president’s term limit.
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Global Context
Kenyans’ debate over two-term limits is not unique. Across the continent, between 2000 and 2019, there were more than 50 attempts to reintroduce, tighten, revise, or eliminate presidential term limits. Paul Biya (Cameroon), Yoweri Museveni (Uganda), Paul Kagame (Rwanda), and Teodoro Obiang Nguema Mbasogo (Equatorial Guinea) are among sitting presidents who amended their countries’ constitutions to remove term limits, allowing them to remain in office.
Leaders in 21 African nations with term limits have served an average of four years, while those who bypassed limits have remained in power for 22 years on average. In Afrobarometer surveys, large majorities of Africans have consistently expressed support for presidential term limits.
Findings from Afrobarometer surveys show that by strong majorities, Kenyans consistently support democracy, favour choosing leaders through elections, and endorse a two-term limit for the president.
Term Limits for Other State Officers
Quite a number of state offices have terms limited by time period not age. The Controller of Budget and the Auditor General each have a single term of eight years, as does the DPP. Members of the Judicial Service Commission elected by their interest groups - like a court or the law society - have an initial term of five years but may be elected for a second term. The IGP is appointed for a single four-year term.
| State Officer | Term Length |
|---|---|
| President and Governors | Two terms of five years |
| Controller of Budget | Single term of eight years |
| Auditor General | Single term of eight years |
| DPP | Single term of eight years |
| Members of the Judicial Service Commission | Initial term of five years, can be elected for a second term |
| IGP | Single four-year term |
Among state officers MPs (and MCAs) are among the least restricted. There is no legal limit to how many terms they can serve. Nor to their age.
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