Petitioner Laban Omusundi

A Nakuru-based activist has taken a bold step to challenge Kenya’s political status quo by filing a constitutional petition at the High Court seeking to impose a two-term limit on Members of Parliament (MPs), Senators, and Members of County Assemblies (MCAs).

The petition, if successful, could dramatically alter the country’s governance structure by preventing long-serving lawmakers from holding office indefinitely, a rule that already applies to the President and Governors under the 2010 Constitution.

Laban Omusundi, the petitioner, argues that the absence of term limits for legislators has created a culture of political careerism, where the same individuals dominate leadership positions for decades, blocking fresh ideas and undermining democratic principles.

The case, filed under Constitutional Petition No. E047 of 2025, names the National Assembly and the Attorney General as respondents, with the Independent Electoral and Boundaries Commission (IEBC), Senate, County Assemblies Forum, Katiba Institute, and Law Society of Kenya listed as interested parties.

Among the key demands in the petition is a declaration that MPs, Senators, and MCAs should be restricted to two terms in office, with the limit applied retroactively from 2013. Omusundi is also seeking an order barring the IEBC from clearing any candidate who has already served two terms in the same seat for the 2027 General Election and beyond.

The petition leans heavily on constitutional provisions, particularly Articles 10 (National Values), 27 (Equality), and 258 (Public Participation), arguing that the current system violates the principle of equal application of the law.

Legal experts are divided on the petition’s prospects. Some contend that introducing term limits for legislators would require a constitutional amendment, while others believe the court could enforce the principle of equality under Article 27 to align legislative terms with those of the President and Governors.

Civil society organizations, including the Katiba Institute, have lauded the move as a necessary step toward dismantling political monopolies and fostering leadership renewal. However, political analysts anticipate strong resistance from long-serving lawmakers who stand to lose their seats if the petition succeeds.

The case is expected to spark intense debate as it progresses through the courts, with potential ramifications for Kenya’s political landscape ahead of the 2027 elections. A ruling in favor of Omusundi could see dozens of veteran politicians barred from re-election, paving the way for new leaders to emerge.

“If successful, this petition will radically transform Kenya’s political landscape, end careerism in elective offices, and promote a culture of merit, renewal, and accountability in public service.,” Omusundi said

He added that the petition was not just legal but also moral and patriotic as it seeks to dismantle the entrenched political cartel system, create space for fresh leadership, and uphold the principles of equality, democracy, and constitutionalism.

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