A joint Parliamentary committee has dismissed a proposal by the National Dialogue Committee (Nadco) to extend senators’ terms from five to seven years, citing constitutional and financial concerns.
In a report tabled before both the Senate and the National Assembly, the Justice and Legal Affairs Committee stressed that such a change would require a complete constitutional overhaul.
“Altering the term and date of election of members of the Senate would require a complete overhaul of the constitution,“ the report stated.
The committee, chaired by Bomet Senator Hillary Sigei and Tharaka MP George Murugara, argued that holding Senate elections separately from other polls would be costly and difficult to manage.
Nadco had proposed amending Articles 101 and 102 of the Constitution, which govern parliamentary elections and term limits. Under the proposal, general elections would still be held every five years for the presidency, National Assembly, county assemblies, and governors, while Senate elections would shift to a seven-year cycle.
However, the committee warned that this change would strain the country’s economy.
“The committee observed that conducting two general elections would further escalate the cost of elections, noting that the cost of elections in Kenya was already among the highest in the world,” the report stated.
No Compelling Reason for Term Extension
Lawmakers also criticized Nadco for failing to provide a compelling reason for extending senators’ terms.
“Implementation of the proposal would create significant legal, practical, and administrative challenges,” the panel noted.
Additionally, the committee emphasized that Kenya’s constitution mandates a single general election, referencing Articles 90(3), 98(2), and 136(2), which address party-list seat allocation, the election of special-interest senators, and presidential elections.
“The committee further observed that the proposal touched on the sovereignty of the people and would thus need to be subjected to a referendum, in accordance with Articles 255 and 256(5) of the constitution,” the report added.
Nadco was formed by President William Ruto and opposition leader Raila Odinga in response to nationwide anti-government protests that disrupted the economy.
The dialogue team was co-chaired by Wiper leader Kalonzo Musyoka and National Assembly Majority Leader Kimani Ichung’wa.
