The ODM party has objected to the proposed amendment to the constitution seeking to increase the presidential term from the current five years to seven years.
In a letter addressed to the Clerk of the Senate Mr. Jeremiah Nyegenye, the party’s Executive Director Mr. Oduor Ong’wen says, the proposed amendment to the constitution by the Senator for Nandi Mr. Samson Cherarkei is in contravention with the law that requires that matters as weighty as this must be subjected to the referendum for Kenyans to decide.
“We wish to here register our concern by expressing our total rejection of the proposed Constitution of Kenya (Amendment Bill) number 2 of 2024in its entirety”, stated Mr. Ong’wen in his letter dated 25th October 2024.
He goes ahead to state that the rejection is based on the contravention of article 255 (1) of the constitution of Kenya and subversion of its basic structure.
He says the constitution is very clear on what is required of amendments relating to the supremacy of the constitution, The territory of Kenya, The sovereignty of the people, The national values and principles of governance, The bill of rights, The term of office of the President, The independence of the judiciary and independent offices, The functions of parliament and the objects, principles and structure of devolved government.
“Such amendments must be approved through a referendum”, says Mr. Ong’wen in the letter.
He further goes on to say that article 255(2) mandates that such amendments require at least 20 percent voter participation in half of all counties and a simple majority in the referendum.
“The proposed amendment (to increase the presidential term from the current five to seven years) seeks to bypass these crucial constitutional safeguards”, says Mr. Ong’wen.
He says the attempt to circumvent proper constitutional procedures threatens the very foundation of the country’s democracy, undermines the sovereignty of the people and goes against the principle of public participation.
“We, therefore, urge the Senate to reject this Bill and uphold the principles of good governance, the rule of law and the constitutional requirement for genuine public participation through a public referendum”, he says.
During the NADCO proceedings at the Bomas of Kenya, ODM presented its case before the committee and stated that constitutional amendments must be subjected to the people for approval through a referendum.
