Nandi Senator clarifies confusion over term limit Bills

Senator for Nandi County, Samson Cherargei, has clarified the confusion surrounding ongoing debates on term limits and constitutional amendments, stressing that Kenyans need not worry about the process.

Speaking on the issue during an interview at Radio Generation, he explained that there are three bills in circulation, two originating from the National Assembly and the Senate, and a third private member’s bill he sponsors.

Cherargei highlighted that one bill from the National Assembly seeks to entrench the Constituency Development Fund (CDF) into the Constitution, but it never had its second reading in the Senate.

“I saw the Senate issued a statement. By the way, there are two constitutional amendment bills, one that originates from the National Assembly, which try to entrench CDF, which the National Assembly passed. I’m surprised Kenyans did not notice that they have passed,” he said.

He explained that to avoid confusion, the Senate drafted its own Constitutional Amendment Bill, which is undergoing public participation across all 47 counties. Cherargei’s private member’s bill, which addresses issues raised by citizens on term limits, has also gone through public participation, and its report is set to be tabled by the relevant committee.

“I want to clarify to Kenyans, that’s a private member’s bill,” he said, noting that the bill can be sponsored either by the majority or minority leader under Senate rules.

Cherargei said the difference between the National Assembly and Senate bills lies in their focus, while the National Assembly seeks to entrench CDF, the Senate bill aims to expand its mandate to veto certain bills.

"The Senate wants to have an expanded mandate on the veto of the bills, because at the moment, the designers… made Senate skeleton,” he explained.

He added that Kenya has mechanisms like public initiative or referendum for major constitutional changes, so citizens should be assured that all proposals will undergo proper scrutiny.

The Senator further recounted the history of the Senate’s role, saying that early drafts of the Constitution had limited the Senate’s powers.

Cherargei reassured Kenyans that the private member’s bill he sponsors will follow due process and may be withdrawn depending on public opinion after consultations.

He also underscored his long record in sponsoring legislation, citing laws on county attorneys, anti-stock theft, and amendments to the public procurement and disposal act. “As a parliamentarian, you have a right to sponsor as a private member’s bill. It doesn’t reject from my sponsoring party. This is my bill,” he said.

On the challenge of passing amendments in the National Assembly, Cherargei recalled instances when MPs had to be brought in under difficult circumstances to meet quorum.

“They had even to bring a Member of Parliament who was sick with an oxygen because they need the total to pass,” he said, emphasizing that amending the Constitution is never simple.

He concluded by urging Kenyans to stay calm, noting that the ongoing debates are part of a structured legislative process.

“Kenya should rest easy to amend this constitution,” he said.

Cherargei's remarks came after the Senate had moved to clarify misleading claims circulating online that the Constitution of Kenya (Amendment) Bill, 2025, seeks to extend the terms of the president and other elected officials from five to seven years.

In a statement released on Tuesday, the Senate urged the public not to fall for false information, stressing that the claims are incorrect.

"This information is incorrect. A review of the official Constitution of Kenya (Amendment) Bill, 2025, shows that the claims being made are false," the statement read.

The Senate explained that the bill’s actual objective is to enhance its role in the budget process and law-making, ensuring stronger protection of devolution. The legislative body emphasized that the executive structure will remain unchanged and that there are no plans to create the Office of the Prime Minister.

"The Bill makes no mention of creating the Office of a Prime Minister or any other new position within the executive branch. The proposed amendments do not alter the existing structure of the national executive," the Senate stated.

According to the statement, the bill is designed to address procedural gaps in Parliament to improve support for county governments, rather than to alter term limits or executive functions.

Published in July 2025, the Constitution of Kenya (Amendment) Bill, 2025, proposes giving the Senate powers to initiate legislation, vet constitutional office holders, approve national budgets, and challenge decisions passed by the National Assembly.

It also seeks to give Senators a role in removing top public officials and to establish a County Assembly Fund to strengthen financial autonomy for county legislatures.

“The principal object of the Bill is to strengthen and secure devolution. The draft Bill seeks to provide a framework to achieve this purpose by reviewing the mandate of the Senate and the National Assembly,” the document notes.

The bill further proposes a formal leadership structure within the Senate, including a Speaker, a Majority Leader, and a Minority Leader, reflecting arrangements in other bicameral legislatures worldwide. If enacted, the changes would elevate the Senate’s role, placing it on a level comparable to the National Assembly, similar to the model in the United States.

Currently, the Senate has a limited role and is often regarded as underutilized, with minimal impact on national policy decisions.

The amendment bill is a joint initiative by Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewart Madzayo, with legal oversight from Justice and Legal Affairs Committee chair Hillary Sigei, assisted by senior counsels Okongo Omogeni and Tom Ojienda.