Extending Presidential term limit needs a referendum, Lawyer says
By Dickson Odhiambo
November 9, 2022
Extending Presidential
term limit needs a referendum, Lawyer says
Amending the current constitution to extend the Presidential
term limit requires a national referendum, a lawyer has said.
Former President of the East African Law Society Lawyer
James Aggrey Mwamu says an attempt to change the Presidential term limit
through Parliamentary initiative will never work as this is one of the clauses
in the current constitution that requires an amendment through population
initiative which is a national referendum.
Addressing the Press in Kisumu today to react to one of the
UDA Members of Parliament who has hinted that he wants to sponsor a motion
seeking to extend Presidential term limit to four terms of twenty years, Mwamu
said such a motion is “dead” on arrival should it be done through a
Parliamentary initiative.
Lawyer Mwamu argues
that the process first needs the collection of one million signatures of
Kenyans which must be verified by the Electoral Body {IEBC} to be authentic and
genuine.
He says after the verification of the Signatures by the
Electoral body, the next move will be to draft a motion that will be taken to
the County Assemblies across the country and more than half of the County
Assemblies must pass such a motion that they have agreed that the Presidential
term limit must be extended.
After about 24 County Assemblies across the country pass
such a motion on the need to extend the Presidential Term Limit, then such a
motion is taken to the National Assembly for debate then taken to the senate
and adopted there,” Mwamu says.
The Lawyer adds that after the Senate pass the motion, then
Independent Electoral and Boundaries Commission must formulate a question to
the Electorates across the country hence making the matter to be subjected to
the National Referendum conducted by the Poll body allowing people to vote for
it or against it.
Mwamu says the country is currently faced with myriads of
problems and changing the Presidential Term Limit is not one of them, adding
that Members of Parliament should engage in bringing in motions and Bills that
take care of interests of the Kenyan citizens like lowering the cost of living
among other issues that have affected Kenyans.
He says the reason why the Presidential term limit was
brought into the Constitution of Kenya 2010 is because Kenyans were really
tired with Presidents who served longer than expected, adding that former
President Moi served for 24 years and the Founding Father former President Jomo
Kenyatta managed to rule 15 years.
“There is always a change and when people have decided that
they need a change be it after five of ten years, then they will send the
President home or he will retire as per the requirement of the current
constitution where former Presidents Moi, Kibaki and Uhuru have retired,” Mwamu
adds.
Mwamu has challenged President Dr William Ruto to come out
and clear the air on the issue of Presidential Term limit debate which has
kicked off on a high note.
ENDS:
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