Getting your Trinity Audio player ready...

One of the key narratives shaping Kenya’s 2022 general elections was the “Hustler vs. Dynasty” debate championed by the Kenya Kwanza coalition, which ultimately secured the presidential victory. In this contest, then Deputy President William Ruto faced off against Raila Odinga, who was backed by the incumbent, President Uhuru Kenyatta. Raila, the son of Kenya’s first Vice President, Jaramogi Oginga Odinga, and Uhuru, the son of Kenya’s first president, Jomo Kenyatta, represent two prominent political dynasties. Ruto argued that solutions proposed by these established political families, with decades of dominance in Kenyan politics since independence, were disconnected from the needs of ordinary Kenyans. He emphasized that his humble background and rise through the ranks of Kenyan politics gave him a unique perspective on addressing the country’s socio-economic and political challenges. Throughout the campaign, Ruto’s Kenya Kwanza team frequently highlighted their plans for common citizens, such as mama mboga (vegetable sellers) and watu wa boda boda (motorcycle taxi riders).

Two and a half years later, it has become evident that the Kenya Kwanza plan was not as well thought out as many Kenyans had been led to believe. The protests surrounding the Finance Bill in June 2024 served as a clear indication of the unpopularity of President Ruto’s policies, highlighting his rejection by a large portion of the Kenyan population. In response, Ruto has sought to bridge political divides by forming a “broad-based government” with Raila Odinga. As part of this new arrangement, Ruto appointed Raila’s close allies to key ministerial positions, aiming to harness the political support of the former opposition to guide the country through the financial and political turbulence that has marked recent months in Kenya. 

One point of dissatisfaction with all of Ruto’s cabinet appointments, including appointments under the broad-based government, is that, with each cabinet reshuffle, Ruto appears to prioritise political experience and personal affiliations – either with him, with Raila, or with other parties within the Kenya Kwanza coalition – over the suitability of the individuals for their respective positions. There seems to be little consideration given to whether appointees are qualified for their roles based on their expertise. Furthermore, with some of the appointees being former governors, it feels as though Ruto is not only collaborating with the very dynastic politicians he once urged Kenyans to reject (like Raila), he is also taking it a step further by facilitating the rise of new political dynasties. They include individuals with questionable track records, such as former two-term governors Ali Hassan Joho, Salim Mvurya, and Wycliffe Oparanya, as well as former one-term governors Lee Kinyanjui and William Kabogo, who have little to show for their political careers. (For clarity, political achievement in this context refers to significant accomplishments that most Kenyans can directly associate with a particular leader, such as Michuki’s reforms in the public transport sector and the fight against Mungiki, Matiang’i’s efforts to curb exam cheating, Kibaki’s role in enacting a new constitution and developing Thika Road, or Bitange Ndemo’s contributions to ICT reforms.)

If Kenyans were to assess the past two and a half years of Ruto’s presidency, they could reasonably predict that, should he win re-election in 2027, figures like Murkomen, Chirchir, and Duale will likely remain prominent in future cabinet appointments, regardless of their performance in previous roles. This suggests the rise of new political dynasties on the horizon.

As the debate about the country’s direction beyond the June 2024 protests continues, with proposals for fresh leadership from figures like former Chief Justice David Maraga, Senator Okiya Omtatah, Hon. Martha Karua, and former Cabinet Secretary Fred Matiang’i, perhaps it’s time for Kenyans to also consider legislating term limits for more elective positions. This could help rid the country of career politicians whose primary achievement seems to be acting as intermediaries for their ethnic communities’ voting blocs.

A new constitution, same old cultures

Before the 2010 Constitution, the president appointed ministers from among members of parliament. However, the new constitution prohibits the appointment of active politicians as cabinet secretaries (ministers). The intent was to prevent presidents from appointing loyalists to key cabinet positions and to instead encourage the selection of career professionals with proven expertise in managing specific organisations, corporations, or industries. It was a vote of no confidence in the practice where ministers were political appointees who failed to think as agilely as professionals outside the political realm. Despite this, since the adoption of the new constitution in 2010 all the presidents have defied the spirit of the law by appointing career politicians to some cabinet roles. Uhuru Kenyatta set this precedent when he appointed Najib Balala and Charity Ngilu to his cabinet in 2013. He justified this on a technicality, as while Balala and Ngilu had been active politicians and had campaigned for the Jubilee coalition, they did not run for any elective office, thus arguably “retiring” from active politics. Although the majority of Uhuru’s first cabinet consisted of non-politicians, his appointment of Ngilu and Balala still somewhat diverged from the law’s intended spirit. 

In 2017, upon re-election, Uhuru took it a step further by appointing Ukur Yattani as a cabinet secretary after Yattani had lost the 2017 gubernatorial election in Marsabit County. Uhuru also appointed former Meru governor Peter Munya – who had lost the 2017 gubernatorial election in Meru County – to a cabinet position. With this move, Uhuru set a new precedent of rewarding election losers by nominating them to cabinet positions. This created a situation where politicians could confidently run for elective positions, knowing that a potential cabinet position or other high-level government appointment awaited them in case they lost. Uhuru also created the unconstitutional position of “Chief Administrative Secretary”.

In 2022, Ruto further strayed from the intent of the law by not only appointing election losers to the cabinet; he also appointed individuals who had won various elective positions. He appointed Aden Duale, Kipchumba Murkomen, and Alice Wahome, all of whom had secured victories in their respective parliamentary races, to his cabinet. Ruto went on to name even more politicians to take up the roles of chief administrative secretaries, but this move has since been blocked by the courts which ruled the position unconstitutional

Currently, out of the 23 cabinet members (excluding the president and the deputy president), 13 held elective positions and were active politicians prior to their appointment. The promise of the 2010 Constitution – of having sector professionals and experienced industry leaders as cabinet secretaries – is all but lost. 

From the sentiments expressed by Kenyans on social media in response to Ruto’s appointments to the cabinet and other top government positions, a key frustration is that these appointments seem to be based not on track record, but on loyalty to the president or political alignment with him. Kenyans are particularly frustrated by the ongoing rotation of career politicians and their close allies, with little regard for experience or suitability, which stifles the introduction of fresh perspectives in leading various ministerial dockets. In this regard, it is reassuring to know that Kenyans can take comfort in the fact that they will never be stuck with one individual’s perspective on how to lead a county government for more than ten years. (Kenya’s constitution sets a two-term limit for two elective positions – the president and county governors.)

Governor term limits

In evaluating the effectiveness of term limits in Kenya, it’s important to first acknowledge that, due to governor term limits, some politicians have essentially retired from active politics. Among the two-term governors who are currently effectively “jobless” are Martin Wambora (Embu), Cornel Rasanga (Siaya), Patrick Khaemba (Trans Nzoia), and Alex Tolgos (Elgeyo Marakwet). This is a short list compared to the many others who have still managed to secure positions on the government’s payroll.

Paul Chepkwony (Kericho) honourably declared that he would take a break at the end of his tenure as governor, and I believe many Kenyans would welcome more leaders following this example. In contrast, Ali Roba (Mandera) and Jackson Mandago (Uasin Gishu) shamelessly ran for senatorial seats at the end of their terms and now serve as senators for their respective counties. This is not to suggest that former governors have nothing to offer in the Senate. On the contrary, one could argue that having served as county heads, they bring valuable insights on how the Senate can enhance its oversight role within our devolved system of government. However, the tenure of these two governors were marred by corruption scandals and mismanagement in the counties they led. We can reasonably conclude that, more often than not, two-term governors will opt to run for other elective positions not to extend their exemplary service to other sectors of government, but to maintain political relevance.  

Unfortunately, Ruto continues to ensure that politicians dominate as many sectors of government as possible. For example, former two-term Kisii governor James Ongwae is currently serving as the Chairman of the Universal Service Advisory Council, despite having no notable accomplishments – either during his tenure as governor or prior – that would warrant such an appointment. Similarly, Josphat Nanok, the former two-term governor of Turkana County, holds the position of Statehouse Deputy Chief of Staff – a role that seems ill-suited for a 75-year-old career politician. Ruto also appointed former Busia governor Sospeter Ojaamong to chair the New Partnership for Africa’s Development (NEPAD)/African Peer Review Mechanism (APRM) Kenya Governing Council for three years. Amason Kingi, who completed two terms as governor with little to show for his decade in charge of Kilifi County, now serves as the Speaker of the Senate – far from retirement. Former Narok governor Samuel Ole Tunai almost secured an appointment as a Chief Administrative Secretary, and remains jobless only because the courts determined this position to be unconstitutional. Even Ferdinand Waititu, who was impeached as Kiambu County governor, managed to secure an appointment to the Nairobi Rivers Commission, only to be blocked from assuming the role through court action. Moses Kuria, another Ruto ally, lost the Kiambu County gubernatorial election in 2022 but was rewarded with a cabinet appointment. In 2024, after Ruto dissolved the cabinet in response to the Gen Z Finance Bill protests, Kuria lost his ministerial position – only to be reappointed as one of the president’s advisors. While Kuria has never served as governor, it’s not far-fetched to think that he might consider running for the position if his political fortunes decline and cabinet roles are no longer available.

The case for term limits for other elective positions

The benefits of legislating term limits for elective positions include preventing the concentration of power in the hands of a few individuals for extended periods, while fostering new leadership that brings fresh ideas. Term limits encourage diversity in leadership, promote innovation, and help adapt to changing times and challenges. Additionally, they enhance accountability, curb political careerism by limiting indefinite tenure, and reduce the risk of corruption. The longer an individual remains in a political position with job security, the greater the likelihood of engaging in and entrenching corrupt practices. Unfortunately, Kenyans have seen minimal benefits from governor term limits. While governor term limits in Kenya have, to some extent, succeeded in preventing the concentration of power and encouraging some degree of diversity in county leadership, they have not led to the introduction of fresh ideas, nor have they reduced corruption or increased accountability. 

That being said, it still doesn’t seem ideal that governors, who are restricted from leading counties after completing two terms in office, are transitioning into cabinet roles and the Senate. To avoid more uninspiring appointments like those seen under Ruto’s administration, it may be worthwhile to consider legislation that establishes additional term limits. This would ensure a continuous influx of new faces into Kenya’s political landscape and help prevent the rise of new political dynasties.

A starting point could be instituting a two-term limit not only for presidents and governors but also for senators and women representatives, as these positions represent entire counties, much like that of the governor. For the remaining elective positions (members of the National Assembly and county assemblies), a three-term limit could be established. Additionally, we should cap participation in elective politics for governors, MPs, senators, women representatives, and members of county assemblies at twenty years. After this period, individuals would only be eligible to run for president or deputy president, or retire from politics altogether. This twenty-year limit should also apply to those who held elective positions but were later appointed to high-level government roles, such as cabinet secretaries, principal secretaries, or parastatal heads. 

With such a rule in place, figures like Kipchumba Murkomen, Salim Mvurya, Johnson Sakaja, Alfred Mutua, and many others would have no more than five years left in public office after 2027 and would then have to step down from top-level government positions. Wycliffe Oparanya and Amason Kingi, who were both members of the national assembly from 2007 to 2013, and thereafter served two terms as governors, would currently be on their last five years in government as Oparanya currently serves as the Minister for Cooperatives and MSMEs, and Kingi is the Speaker of the Senate. This provision would help retire a significant portion of current active politicians who should be stepping down but insist on clinging to leadership, despite offering little in terms of sector or legal reforms that genuinely improve the lives of ordinary Kenyans. Moreover, this provision would be beneficial to politicians too, as it sets realistic boundaries for their careers within a twenty-year period. Ultimately, this approach would curb the emergence of new political dynasties at both the national and county levels. 

One of the key opportunities in this new framework would be to encourage Kenyans aspiring to be political representatives to build careers outside politics before entering a field where their tenure would be limited to a maximum of twenty years. This would also mean that politicians who have accumulated significant wealth – often through illicit means – during their time in office would be effectively barred from seeking elective positions indefinitely. While some presidents, like Ruto, may continue to recycle unremarkable political leaders, over time, the pool of candidates would expand, offering more diverse and potentially stronger (or less uninspiring) options. Another potential benefit would be transitioning more Kenyans out of elective politics, so that politicians are no longer seen as VIPs within society, but as ordinary citizens. Just as a Kenyan attending a church service is now more likely to be unaware that they are seated next to a former MP due to the large number of past MPs, we should aim to make these political positions a chance to serve the country – not an opportunity to amass wealth and elevate oneself by illicit means. 

To many Kenyans – especially within the political class – this proposal may seem radical and extreme. However, it could prove beneficial to politicians by helping them better plan their political careers. Had this been instituted earlier, figures like Musikari Kombo and Kiraitu Murungi might have avoided the embarrassment of overstaying their political tenure. For the Kenyan electorate, this would offer the advantage of more frequent leadership transitions, ensuring that long-serving politicians, who have been MPs for fifteen or more years, don’t cling to power by adding another twenty years through roles such as senator and governor. Allowing individuals to serve in various political capacities for four decades is a scenario we should strive to avoid in an increasingly dynamic world. Otherwise, we risk having 70-year-olds and 80-year-olds leading ministerial dockets with knowledge and approaches that have since become outdated and irrelevant. 

William Kabogo, a 64-year-old currently serving as the ICT minister, had no demonstrable experience in the field prior to his appointment. One might wonder whether he can keep pace with the rapidly evolving global tech industry and whether he is equipped to lead the development of government policy on emerging technologies like artificial intelligence. I would argue that someone like Ali Hussein Kassim, despite being only a decade younger than Kabogo, has far more experience in the tech industry, having spent his entire career in the field. Kassim has been exposed to the ideas and innovations that could set Kenya apart from the rest of the continent, and likely has the connections to help us reach that destination faster. There are many individuals to choose from who could lead ministries and parastatals, performing at a much higher level than career politicians.

For those still unconvinced about the potential value of instituting term limits for all elective positions, I invite them to reflect on a politician they believe has served Kenyans well. I would then ask them to consider whether this period of exemplary service to Kenyans has ever extended beyond twenty years. 

As a parting shot, for those curious about other countries that have implemented stricter term limits, Mexico’s constitution prohibits the re-election of presidents. Mexican presidents are limited to a single six-year term, known as a sexenio, and no individual, even serving in a caretaker role, is allowed to run for or hold the office again. This system has been in place since 1917. One of the main risks with such a system is that outgoing presidents often influence the selection of their successors, maintaining power even after leaving office. However, in Kenya’s dynamic democratic environment, where an incumbent (Uhuru Kenyatta) backed his main opponent (Raila Odinga) as his successor while actively discouraging voters from supporting his two-time running mate and deputy (William Ruto), this risk is somewhat mitigated. Nonetheless, Kenya’s five-year election cycles and two-term presidential limits are generally effective. Our priority should be to implement term limits for elective positions that currently lack them. Stricter presidential term limits can be considered later, especially if the electorate fails to remove Ruto in 2027, despite widespread dissatisfaction with his policies thus far.