How president and PM will share power

• One will be Head of State and the other Head of Government if new law is passed

He said Kenyans wanted to elect their president directly but also preferred a prime minister with authority to oversee the daily functioning of the government.

“The document we unveiled before you has tried to respond to these needs by creating a dignified, stately-cum-executive presidency with sufficient authority to oversee, unite and protect the country but without the baggage of the day-to-day running of government,” said Mr Kitonga.

The President will have the powers to dismiss judges of the superior courts and any other State or public officer whom the constitution requires the State President to appoint. However, he will only do this through the advice of bodies such as the Judicial Service Commission and Parliament.

The PM will advise the President on any dismissal of the deputy Prime Minister, a minister or a deputy minister. Parliament can also pass a vote of no confidence on a member of the Cabinet after which he will be required to resign within three days.

If the National Assembly passes a motion of no confidence in the Prime Minister, he or she and the ministers and deputy ministers will be required to resign. If they do not do so in seven days, the President will be required by law to dismiss them.

The President will also have the powers to appoint high commissioners, ambassadors and consular representatives with the approval of the National Assembly. He or she will also receive foreign diplomatic and consular representatives.

According to Mr Kitonga, the provisions avoid the abuse that has been associated with the highest office in the land.

The role of signing Bills into law also remains with the President under the new draft. He or she will also have the powers to direct the PM to ensure that any Act of Parliament is implemented.

The draft indicates that the President will appoint as the PM the leader of the party with the highest representation in Parliament.

If MPs fail to approve this appointment, the National Assembly will be required to nominate one of their own as prime minister within 60 days failure to which it will be dissolved and a general election called.

The draft gives room for the President to be impeached by Parliament through a motion approved by at least two thirds of all members of the National Assembly. However, the President remains in office until the Senate hears and determines the charges against him.

The President also holds the power to pardon offenders through an advisory committee made up of the Attorney General, the minister in charge of prisons and five other members who do not hold public office.

The PM will have a primary role of directing and coordinating the work of ministries and preparing legislation, and is responsible to Parliament. The PM will preside over Cabinet meetings.

Meanwhile, some MPs from Central Province have opposed the proposal that Parliament will elect an executive Prime Minister. They said the job should be done by wananchi.

The leaders who held a meeting to discuss the harmonised draft constitution in Nairobi yesterday said Parliament should not elect the country’s chief executive.