Kenya is currently considering a set of proposed changes to its national constitution. The Constitution of Kenya Amendment Bill 2024 is now open for public comment. This proposed legislation is extensive. It touches on how long leaders stay in power how the national government is organized and how money is shared with county governments.
The bill suggests a major shift in political terms. It wants to change the term for the President, Members of Parliament, County Governors and Members of County Assemblies from five years to seven years. This would change how often Kenyans vote for their leaders.
Another key proposal is the creation of a Prime Minister. This person would be chosen by the President from among the existing members of Parliament. This move could signal a change from the current presidential system to a different model where power is shared.
On the matter of devolution, the bill makes a bold financial suggestion. It proposes to raise the minimum amount of national revenue given to counties from fifteen percent to forty percent. This would send a much larger share of the national budget to the county level. The bill also aims to give the Senate more authority. This includes having a say in the deployment of Kenyan troops inside the country and in decisions to extend a state of emergency.
Potential Effects
These proposals lead to several important questions for the public to consider.
The seven year term proposal is a significant change. Supporters might say it gives leaders more time to work on long term projects. Others may feel it reduces how often citizens can hold their leaders accountable through elections. It could also make it harder for new leaders to emerge.
The idea of a Prime Minister comes with its own set of questions. It does not clearly state what the Prime Minister’s job would be. How much power would this person have compared to the President? Defining this relationship clearly would be essential to avoid confusion or conflict at the top level of government.
Increasing county funds to forty percent is a powerful step for devolution. It would allow counties to do more for their residents. However, it also requires counties to be ready to manage that much money responsibly. There are valid concerns about whether all counties can use such a large amount of funds effectively and without waste or corruption. This change would also mean the national government has less money for its own responsibilities.
Giving the Senate a stronger voice in security matters makes it a more powerful check on the executive. This can be good for balance in government. But it could also make it difficult to make quick decisions during a sudden national emergency.
How the Public Can Participate and the Path Forward
This bill is still in its early stages. The call for public memoranda is a required part of the law making process. It is a chance for citizens to have their voices heard.
Becoming law is a difficult process for such a bill. It must first be approved by both the National Assembly and the Senate. Most importantly because it changes key parts of the constitution, it must also be taken to the people. It requires approval from a majority of Kenyan voters in a national referendum.
The current period for public input is a critical first step. The thoughts and recommendations shared by Kenyans will help shape the discussion around this important bill.
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