NAIROBI,Kenya – As a body of jurists and defenders of constitutionalism, ICJ Kenya has reviewed the Constitution of Kenya (Amendment) Bill 2024. This bill, wrapped in the pretence of reform, represents a significant departure from the democratic values enshrined in our Constitution.
By seeking to extend term limits, reinstate the Office of the Prime Minister, and undermine key governance frameworks, it threatens to erode the very foundation of democracy in Kenya and constitutes an assault on the democratic safeguards Kenyans hold dear. The amendments proposed in this bill violates several fundamental constitutional provisions, which are outlined in detail in the ICJ Kenya memorandum available on our website. It is therefore important that we address the nation and particularly the Members of the National Assembly on the following:-
The Rising Discontent of Kenyans
In light of recent events, particularly the Gen Z-led protests against the Finance Bill, it is clear that Kenyans’ patience is wearing thin. The Gen Z protests provided a resounding reminder that the people of Kenya are watching, and they are unafraid to raise their voices.
The political temperature, though rising, has yet to reach a boiling point and if our leaders continue down this path of self-serving legislation, they are pouring fuel on a smouldering fire. The proposed amendments, which serve individual ambitions over collective needs, risk pushing Kenyans to another wave of protest. We, therefore, urge the political class to exercise restraint and wisdom. Power is entrusted to them not as a means to fulfil personal desires but as a covenant with the people.
Instead of focusing on term extensions and reintroducing positions of power that were abandoned for good reason, let us direct our energy towards issues that resonate with Kenyans such as the high cost of living, transparency of private-public partnerships contracts for key national assets and the crisis in the health sector among others.
Refocusing on Constitutional Mandates
Kenya faces more pressing issues that demand our legislators attention. The timeline for the delimitation of electoral boundaries has already lapsed, by-elections remain pending in several areas due to delays in reconstituting the Independent Electoral and Boundaries Commission (IEBC). This constitutional crisis is one of genuine concern, as the continued delay threatens to compromise the integrity of Kenya’s democratic processes. If our elected representatives must legislate, let them address the IEBC crisis and the boundaries delimitation to avoid further disenfranchisement of Kenyans.
Protecting Kenya’s Democratic Legacy
Kenya’s reputation as a democratic leader in the region is at risk. Our 2010 Constitution has been lauded across Africa as a milestone in good governance, devolution, and the rule of law. To reverse these gains would not only betray the Kenyan people but also dim our standing among African nations.
History shows us that the international community, including the African Union, European Union, and United Nations, have been quick to condemn similar manoeuvres in other nations, with countries like Burundi suffering sanctions and aid restrictions. Kenya risks joining these ranks, sacrificing its reputation, diplomatic standing, and economic support.
Conclusion
The Constitution of Kenya (Amendment) Bill 2024 is not a step forward but a leap backward, serving individual interests over national welfare.
ICJ Kenya categorically rejects the bill in its entirety. We call upon the political class to honour the trust placed in them by the Kenyan people, refocus on their constitutional mandates, and prioritize genuine issues that affect Kenyans daily. Let it be clear: Kenya’s future must remain in the hands of the people, safeguarded by the democratic values enshrined in our Constitution, and free from the ambitions of a select few.
