By Issa Hussein - Reporter
Kenya, 11 June 2026 - A constitutional petition filed at the High Court in Nakuru is seeking the introduction of term limits for Members of County Assemblies (MCAs), Members of Parliament (MPs) and Senators, arguing that the current arrangement creates inequality in the application of the law.
The petition, filed by Laban Omusundi and registered as Constitutional Petition No. E047 of 2025, names the National Assembly and the Attorney General as respondents. Several institutions, including the Independent Electoral and Boundaries Commission (IEBC), the Senate, the County Assemblies Forum, Katiba Institute and the Law Society of Kenya, have been listed as interested parties.
According to court documents, the petitioner wants the court to determine whether the absence of term limits for elected legislators is consistent with the Constitution and the national values outlined under Article 10.
The petition cites several constitutional provisions, including Articles 1, 2, 3, 10, 22, 23, 27, 38, 47, 94, 95, 96, 101 and 258, and seeks the enforcement of national values and principles of governance as well as equal application of the law.
At the centre of the case is the argument that while the Constitution limits Presidents and Governors to two five-year terms, no similar restrictions exist for MCAs, MPs and Senators, allowing them to seek re-election indefinitely.
The petitioner contends that this distinction undermines principles of accountability, good governance and inclusivity, and raises questions about equal treatment under Article 27 of the Constitution.
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Kenya's Constitution currently limits the President and county governors to a maximum of two terms in office. However, legislators at both the national and county levels face no term restrictions and may continue contesting for office as long as they are elected by voters.
The High Court is expected to issue directions on the hearing of the case and determine the participation of the interested parties.
If successful, the petition could reignite debate on political reforms and potentially pave the way for constitutional amendments affecting the tenure of elected legislators across the country.
Article 258 of the Constitution allows any person to institute court proceedings claiming that the Constitution has been contravened or is threatened with violation.