A joint parliamentary committee has rejected a proposal by the National Dialogue Committee (Nadco) to extend senators’ terms from five to seven years, citing constitutional, legal, and financial challenges.
In a report tabled before both the Senate and the National Assembly, the Justice and Legal Affairs Committee (JLAC) argued that implementing such a change would require a complete constitutional overhaul, making it both impractical and costly.
Major Legal and Financial Setbacks
The committee, co-chaired by Bomet Senator Hillary Sigei and Tharaka MP George Murugara, emphasized that holding Senate elections separately from other polls would be expensive and difficult to manage.
“Altering the term and election date of senators would require a complete overhaul of the Constitution,” the report stated.
Nadco had proposed amending Articles 101 and 102 of the Constitution to separate Senate elections from the rest. Under the proposal, general elections for the presidency, National Assembly, governors, and county assemblies would still occur every five years, while Senate elections would shift to a seven-year cycle.
However, lawmakers warned that conducting two separate general elections would further strain the country’s economy.
“The committee observed that Kenya already has one of the most expensive elections globally. Adding another election cycle would escalate costs significantly,” the report noted.
No Justification for Longer Senate Terms
Parliamentarians also dismissed the proposal for lacking a solid justification. They argued that extending senators’ terms would create unnecessary legal, practical, and administrative challenges.
“Implementation of this proposal would complicate the electoral process and disrupt the balance within Kenya’s governance structure,” the panel stated.
The committee further emphasized that the Constitution mandates a single general election, referencing Articles 90(3), 98(2), and 136(2), which govern party-list seat allocation, special-interest senator elections, and presidential terms.
“The proposal affects the sovereignty of the people and would therefore require a referendum under Articles 255 and 256(5) of the Constitution,” the report concluded.
Political Context and Nadco’s Role
Nadco was established by President William Ruto and opposition leader Raila Odinga to address governance issues following nationwide anti-government protests that disrupted the economy. The committee was co-chaired by Wiper leader Kalonzo Musyoka and National Assembly Majority Leader Kimani Ichung’wa.
Despite its efforts, lawmakers have now made it clear that any attempt to extend senators’ terms must first go through the people via a referendum—an uphill battle given the widespread concerns over election costs and governance efficiency.
