Is electing a young President Kenya's constitutional curse?

The proposal by Fafi's Salah Yakub to amend the Constitution to extend President William Ruto's tenure beyond two terms has generated a storm with the Opposition terming it as totally ridiculous.

"I, together with some of my fellow MPs, are planning to push a Bill in Parliament that contests the two terms of serving as president," he said while distributing relief food in Garissa.

Yakub claimed Kenya Kwanza MPs were drafting a Bill to amend the Constitution and extend the limit to 75 years. However, Azimio MPs hit back at the proposal, saying it was a waste of time.

"Where will such an amendment pass through? He is just looking for cheap publicity. It will be a waste of time," Makueni Senator Dan Manzo said.

"Imagine there was NO term limit during Kibaki's regime, Kenya could be like Singapore or Thailand. could not have met the barbaric Uhuru regime," he said.

On his part, National Assembly Minority Whip Junet Mohamed said the suggestion was "madness" that should come to an end very soon.

"This madness of Kenya Kwanza will come to an end very soon. They are talking about many things but once their minds settle, they will realise that they have work to do and stop all this monkey business they have been taking the country through in the last two months," he said.

Former Kiambu Governor Ferdinand Waititu also supported Yakub's call, giving the example of former President Mwai Kibaki, whose led to massive development in Kenya.

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United Democratic Alliance chairman Johnstone Muthama, however, denied any plot to change term limits, terming the MP's remarks as a personal statement which has nothing to do with the party.

But Yakub insists the proposal will find its way to Parliament, saying it is normal for a political party to dissociate itself from such proposals.

Constitution

According to Article 142 (2), a person shall not hold office as President for more than two terms.

Kisii politician Geoffrey Omwando said the attempt to amend the Constitution will the fruits of repealing the former supreme law, which was aimed at ending impunity.

"Under the former Constitution, the lack of term limits created an autocratic president, who presided over corruption and tribalism," he said.

Lawyer Ogamba Migosi also opposed any attempt to amend the constitution, terming the debate as misplaced.

"The presidential term limit debate is misplaced and shows how that particular MP's priorities are lopsided. There is severe drought facing the country with millions of people starving including his constituents. The MP deserves to be subjected to the recall clause in the Constitution," he told The Nairobian.

This is not the first time that the debate on presidential term limits is being generated in Kenya.

Too young to retire

In 2020, Central Organisation of Trade Unions (Cotu) secretary general Francis Atwoli sparked a political storm when he said President Uhuru Kenya was too young to retire and should instead go for a third time. When he left in September, Uhuru was approaching 61 years of age. Ruto will be 65 in 2037 when his second term will come to a close if he wins re-election.

The suggestion was greeted by sharp reactions from supporters of his deputy, now-President William Ruto. However, Uhuru declared he had no intention of extending his tenure at the House on the Hill.

"You are the ones saying that. I outlined my plan from the word go," he said in response to the debate during an address from State House Mombasa.

On another occasion, he said it was not his wish to break the tradition of presidents respecting term limits.

"I can tell you, if there is one thing that Kenyans are very, very clear about, very clear about, is the two-term limit. The two term-limit Kenyans are very clear about and they have been clear about since 1992 when we introduced multipartism. And there's been no single president that has broken that and I don't intend to be the first," he said in June 2020 during an interview with Reuters journalist Katrina Manson.

He was responding to claims the Building Bridges Initiative (BBI) process was meant to change the Constitution to enable him become Prime Minister.

Atwoli was in the lead of those who had said Uhuru will serve as premier before seeking re-election as president after 10 years.

But just like Mwai Kibaki before him, Uhuru handed over power upon serving for two terms.

Under Article 255 (1) of the Constitution, an amendment to alter the term of the President is one of the provisions that must be subjected to a Constitution.

Africa's longterm problem

The others include the supremacy of the Constitution; the territory of Kenya; the sovereignty of the people; the national values and principles of governance referred to in Article 10 (2) (a) to (d); the Bill of Rights; the independence of the Judiciary and the commissions and independent offices to which Chapter Fifteen applies; the functions of Parliament and the objects, principles; and structure of devolved governments.

Yakub's call reminds Kenyans of Uganda President Yoweri Museveni who has served six terms having first came to power in 1986. This is after the Supreme Court abolished an age ceiling of 75 allowed him to stand once again and continue serving ahead of the January 2021 election.

Equatorial Guinea's Teodoro Obiang Nguema Mbasogo, who has been in power since 1979, holds the record of the longest President in Africa.

But extending term limits is not an African problem. In the United States, touted as the world's leading democracy, they had to change the Constitution after Franklin Roosevelt served a third term.

This was after he defeated Republican nominee Wendell Willkie in the 1940 presidential election. It led to the Twenty-second Amendment.