By Abdirahman Bulle

Kenya’s Constitution imposes a two-term limit only on the President and Governors. For all other elective offices including Members of the National Assembly, Senators, Women Representatives and Members of County Assembly (MCAs) there is effectively no term limit. As long as they continue to meet the statutory electoral requirements and win elections, they can remain in office indefinitely.

In my view, this was a significant oversight in the drafting of the 2010 Constitution. If we are serious about promoting political hygiene, restoring public confidence in our institutions, and fully upholding the leadership and integrity principles as enshrined in Chapter Six of the Constitution, particularly the obligation to bring honour to the nation and dignity to public office, then Kenya should introduce a mandatory two-term limit for all elective positions, from Members of the County Assembly (MCAs) to the President.

A careful look at Kenya’s current political landscape reveals a troubling pattern. Many of the politicians who dominate public discourse with divisive rhetoric, inflammatory statements and endless political grandstanding are leaders serving their second, third or even fourth terms in office.

After serving multiple terms in office, some elected leaders begin to develop a perceived sense of political invincibility and entitlement. Feeling insulated by their longevity and influence, they may gradually lose sight of their fundamental responsibility to serve the public interest. Instead of fostering unity and accountable leadership, some resort to divisive rhetoric and political incitement in order to preserve their power; often placing vested personal and political interests above the welfare of the communities they were elected to represent.

In contrast, political leaders serving their first term may be more likely to focus on service delivery and fulfilling their campaign promises, knowing too well that their performance will ultimately determine whether or not the voters will re-elect them. However, once politicians remain in office for too long, some become overly comfortable and entrenched in the political system.

The urgency to serve the public gradually gives way to political theatrics, endless media appearances and perpetual campaigning. Instead of concentrating on legislation, oversight, or representation, they spend increasing amounts of time moving from one television or radio studio to another, and from one political rally to the next, making statements that often deepen division rather than strengthen national cohesion.

Leadership renewal

Term limits would not solve every challenge in Kenyan politics, but it would encourage leadership renewal, create opportunities for new ideas and younger leaders, reduce the entrenchment of political power and reinforce the principle that public office is a temporary trust and not a lifelong entitlement.

The doctrine of separation of powers assigns distinct but complementary responsibilities to the three arms of government. The Legislature is entrusted with the solemn duty of making laws. The Executive is responsible for implementing those laws, while the Judiciary interprets and safeguards them in accordance with the Constitution.

Given this fundamental arrangement, one would expect the law-making arm of government to comprise individuals of exceptional integrity, sound judgment and proven competence. Ironically, the standards for joining the Legislature are often far less rigorous than those applied to the other two arms of government. To serve as a judge or magistrate, one must undergo a demanding process involving stringent academic qualifications, extensive professional experience, integrity vetting and a rigorous transparent selection procedure.

By contrast, the threshold for becoming a legislator is considerably lower, often requiring little more than a post-secondary qualification to contest for office. This raises an important question: if those entrusted with implementing and interpreting the law (executive and judicial officers) must meet certain high standards, shouldn’t those responsible for crafting those very laws (legislators) be held to equally high or even higher standards?

The quality of legislation can never consistently exceed the quality of those who enact it. If we aspire to build stronger institutions, uphold the rule of law, and promote good governance, then we must place greater emphasis on electing lawmakers whose character, competence and commitment to public service are beyond reproach. This should be complemented by clear and irreducible term limits for elected leaders.

Leadership should be about serving the people, not occupying office indefinitely.

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