Kenya to Scrap Prime Minister's Role

Published on Saturday 30th January 2010

A president answerable to a robust parliament, the scrapping of the office of the Prime Minister and a 349 member National Assembly are the hallmarks of the proposed new constitution.

The Parliamentary Select Committee wrapped up its negotiation Thursday afternoon after unanimously agreeing to do away with the office of the Prime Minister in the next political dispensation.

Instead, the 26-Member PSC resolved to strengthen the legislature and the judiciary to effectively check the presidency.

Addressing the press at the end of the eleven day retreat at the in Naivasha, PSC chairman Abdikadir Mohamed announced that his team had unanimously agreed to increase the number of MPs from the current 222 to 349.

This will include 80 new constituencies, 47 special seats exclusively reserved for women, 12 seats for special interest groups and 47 whose membership will be drawn from the 47 counties to be set up.

Another hallmark of the proposed constitution is that the president will be elected by a fifty-plus one percent majority during the presidential election, in addition to securing at least 25 per cent of the votes cast in half of the 47 counties.

To draw a clear line between the Executive and the Legislature, those appointed to the cabinet will have to relinquish their parliamentary seats, the team resolved.

"When one is appointed minister, they will have to resign from Parliament so that we completely separate the executive from the Legislature," said Mr Mohammed.

Parliamentary elections will be held separately in August of an election year and the presidential elections four months later, the team resolved.

Mr Mohammed allayed fears that PSC had returned the country to the era of an imperial presidency, noting that "robust and independent" institutions had been created to check the executive.

"Imperial presidency existed because we had very weak institutions. We have created a robust and independent judiciary and parliament. Kenyans can rest assured that the executive. We have also put in place a very robust bill of rights so one's rights will not be trampled upon," explained Mr Mohammed.

PSC also clarified that the Provincial Administration had not been scrapped.

He stated that it would be retained in the next constitutional dispensation but restructured to fit into the devolved system of government.

"We have revised Article 16 in the transitional chapter to make it clear that the Provincial Administration will be retained but restructured to fit into the devolved system," the PSC deputy chair and Budalangi MP Ababu Namwamba stated.

The MPs also removed a clause in the harmonised draft constitution that required all sitting judges to step aside once the new constitution came into effect and be subjected to fresh vetting.

"The blanket dismissal of judges will not occur," Mr Mohammed announced. The resolution is said to have been borne out of fears that such a drastic move would cripple the administration of justice.