The Constitution of Kenya (Amendment) Bill, 2025

on

Popular Initiative - Term Limit Amendment

Proposal:
Once a leader (President, Governor, Senator, MP, MCA) has completed their maximum term, they cannot contest for a lower seat. They may only vie for a higher office.

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Note: This demo only records support on your device. For official submission under Article 257, signatures must be verified by IEBC from registered voters.

 


The Constitution of Kenya (Amendment) Bill, 2025

(Popular Initiative under Article 257)

A Bill for
An Act of Parliament to amend the Constitution of Kenya to expressly provide that holders of elective offices who have served their maximum term limits shall not be eligible to contest for or be elected to a lower elective office.

1. Short Title

This Act may be cited as the Constitution of Kenya (Amendment) Act, 2025.

2. Amendment of Article 99 (Qualifications and disqualifications for election as Member of Parliament)

Insert the following new clause under Article 99(2):

(h) A person who has served for the maximum term limit as President, Governor, or Senator shall not be eligible to be elected as a Member of Parliament or a member of a County Assembly.

3. Amendment of Article 193 (Qualifications for election as member of county assembly)

Insert the following new clause under Article 193(2):

(g) A person who has served for the maximum term limit as President, Governor, Senator, or Member of Parliament shall not be eligible for election as a member of a County Assembly.

4. Amendment of Article 180 (Election of county governor)

Insert the following new clause under Article 180(7):

(c) A person who has served for the maximum term limit as Governor shall not be eligible for election as a Member of Parliament or a member of a County Assembly.

5. General Prohibition on Seeking Lower Office After Term Limit

Insert the following new provision in Chapter Six (Leadership and Integrity):

(1) Any holder of an elective office who has served for the maximum term limit prescribed by the Constitution shall not be eligible to contest for or hold any elective office lower than the one previously held.

(2) For purposes of this Article—

  • The office of President shall be deemed higher than that of Governor, Senator, Member of Parliament, or Member of a County Assembly.

  • The office of Governor shall be deemed higher than that of Senator, Member of Parliament, or Member of a County Assembly.

  • The office of Senator shall be deemed higher than that of Member of Parliament or Member of a County Assembly.

(3) This provision shall apply notwithstanding any other qualifications set out in the Constitution.

6. Transitional Provision

This amendment shall apply to all persons who, at the commencement of this Act, are serving or have previously served their maximum term limits in any elective office.

✅ Effect of the Bill (clear and explicit):

  • Once a leader finishes their constitutional maximum term, they cannot “step down” and vie for a lower office.

  • Example:

    • A President after 2 terms → cannot run for Governor, Senator, MP, or MCA.

    • A Governor after 2 terms → cannot run for Senator, MP, or MCA.

    • A Senator after 2 terms → cannot run for MP or MCA.

  • Leaders may only contest for an equal or higher office, not a lower one.

  • This ends recycling of term-limited leaders into lower positions.