Willis Otieno: Bill seeking to extend term limits is unconstitutional
Lawyer Willis Otieno has faulted the Constitution of Kenya (Amendment) (No.2) Bill, 2024, sponsored by Senator Samson Cherargei that seeks to extend presidential term limits from five to seven years, as well as the creation of the prime minister’s office.
In a lengthy statement released on Tuesday, September 9, 2025, Willis insisted that the bill is unconstitutional at its core.
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“The Constitution of Kenya, 2010, was a covenant with the people after decades of authoritarian abuse. Diluting it to extend terms and centralise power is very wrong,” Willis said.
According to the city lawyer, Article 1 of the Constitution vests sovereignty in the people, and the people expressly limited the terms of elected office to five years under Articles 101, 102, 180, and 136; hence, he argues that Parliament cannot, through an ordinary amendment, usurp that sovereign will to extend its own tenure.
“This bill is unconstitutional at its root. Article 1 of the Constitution vests sovereignty in the people, and the people expressly limited the terms of elected office to 5 years under Articles 101, 102, 180, and 136. Parliament cannot, through an ordinary amendment, usurp that sovereign will to extend its own tenure,” Willis said.
He also added, “It amounts to self-serving legislation, with legislators becoming both players and referees in their own game. Further, creating a prime minister appointed by the president dismantles the separation of powers and reintroduces the imperial presidency through the back door.”
Inside the bill in the Senate
According to the bill, which has been making the rounds on social media, the presidential term limit was to be extended from five to seven years.
The bill proposes that the President will enjoy a seven-year term if the Bill amends Article 136 of the Constitution. The proposal will also apply to other elected officials, such as governors, members of Parliament, and governors.
It also proposes the creation of the prime minister’s office, which will be appointed by the president.
The caveat is that the prime minister must come from amongst the MPs, representing the largest party or coalition of parties in Parliament.
“The Bill seeks to amend Article 151 by inserting 151A, which proposes to create the office of the prime minister, who shall be appointed by the president from amongst the members of Parliament. The Prime Minister shall be the leader of the largest party or coalition of parties in Parliament,” the bill reads in part.
The Bill further seeks to provide a framework that will strengthen the existing system of devolution.
