The Orange Democratic Movement (ODM) has taken a strong stance against proposed legislation that would extend presidential and other elected officials’ terms from five to seven years.
The party maintains that such constitutional amendments must undergo public referendum approval. ODM Executive Director Oduor Ong’wen urges the Senate to dismiss this bill, emphasizing the importance of preserving good governance principles and constitutional requirements for public participation. In their opposition, ODM has requested an opportunity to present oral submissions regarding their memorandum to the Senate, while also demanding written confirmation of receipt and consideration of their concerns. The party’s rejection stems from their view that the bill violates Article 255(1) of Kenya’s 2010 Constitution and undermines its fundamental structure.
The constitutional requirements, as highlighted by ODM, explicitly state that amendments concerning key aspects of governance—including presidential term limits, constitutional supremacy, territorial integrity, people’s sovereignty, and judicial independence—must receive referendum approval. Such amendments require a minimum 20 percent voter participation across half of all counties, along with majority support in the referendum. Ong’wen contends that this proposed amendment attempts to circumvent essential constitutional protections, posing a threat to democratic principles and public participation.
The Senate’s Justice, Legal Affairs, and Human Rights Committee recently organized public hearings at the Kenyatta International Convention Centre, where hundreds of Kenyans voiced their opinions, with the majority opposing the bill sponsored by Nandi Senator Samson Cherargei. The proposal has faced widespread opposition from various organizations, including the National Council of Churches of Kenya (NCCK). The council’s Secretary General, Canon Chris Kinyanjui, argues that the current five-year term provides adequate time for policy implementation thus making the extension unnecessary.
Similarly, the Ufungamano Joint Forum of Religious Organizations criticizes the proposed changes as self-serving, arguing that extending term limits and creating a Prime Minister’s office would not enhance governance quality. This marks the second attempt to modify presidential term limits since President William Ruto assumed office in 2022. The initial attempt, led by Fafi MP Farah Yakub, sought to eliminate term limits in favor of an age ceiling of 75 years. That proposal failed due to public opposition and President Ruto’s rejection.
