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.”

Officials from the proposed Independent Electoral and Boundaries Commission, will declare a winner of an election when a presidential candidate receives more than half of all the votes cast in an election and at least 25 per cent of votes cast in a majority of the regions.

If no candidate is elected, a fresh election will be held within 30 days of the previous election, says the draft.

On the other hand, the PM will be appointed by the President “within seven days following the summoning of the National Assembly after a General Election”.

For one to qualify for this position, the individual should be the leader of the largest political party or coalition of parties represented therein.

But if the proposed leader is unable to command Parliament’s confidence, an MP who is the leader of the second largest political party or coalition will be appointed to the position.

A person serving as the PM shall not hold office for not more than two terms.

The draft has also put a limit on the number of cabinet ministers required to run the government as opposed to the current constitution which has given the President a blank cheque in this regard.

“The Cabinet shall consist of not less than 15 and not more than 20 ministries,” reads the draft constitution in part.

Currently, the grand coalition government consists of 42 cabinet ministers with more than 50 assistant ministers.

Indeed, the name assistant ministers will be dropped in favour of deputy ministers.

The draft also proposes that the secretary to the Cabinet be appointed by the President on the advice of the PM.