Experts propose PM to be head of government

Kenya will have a parliamentary system of government if the proposed new constitution is adopted, the Nation has established.

Under the new system, the Committee of Experts has proposed in their draft constitution that the Prime Minister will be the head of government, a function currently held by the President.

The PM will enjoy all the powers as head of government and the President will retain the position of the Commander-in-Chief of the Armed forces and the chair of the National Security Council.

Cabinet meetings

Further, the President will be in charge of appointing the Cabinet, including the PM, Judges of the Superior Courts, and any other public officer whom the Constitution requires him to appoint.

Those to be appointed to the Cabinet may not necessarily be MPs but should qualify for election to Parliament.

The Prime Minister on the other hand shall direct and coordinate the work of the ministers and will prepare legislation to be presented before the House.

He shall preside over Cabinet meetings, to be held at least once a month.

Also, the PM will, on a regular basis, be required to keep the President updated “on the general conduct of the government,” furnishing him with any information he requires.

“Any decision made by Cabinet shall not be implemented, unless it is signed by the PM,” the experts have suggested.

The PM, according to the experts, in presenting the ministers for appointment, may include names of not more than 10 persons who are not necessarily MPs but are qualified for election to Parliament.

Such individuals will be required to possess skills or qualifications as are the relevant ministries to which they are proposed to be appointed.

“They must not have stood unsuccessfully for election to parliament at an election immediately preceding the presentation,” says the draft.

However, the President will still be required to be elected to office by “direct adult suffrage” through a secret ballot.

The experts have proposed that the election of the Head of State be done on the Tuesday, immediately “preceding the 21 days before the expiration of the term of the current president.”