News
How president and PM will share power
President Kibaki (left) and Prime Minister Raila Odinga (right) at a past event. Photo/JENNIFER MUIRURI
In Summary
- One will be Head of State and the other Head of Government if new law is passed
Power in Kenya will be divided between a president and a prime minister under the new constitution.
The draft, unlike the current law, is clear on the authority of the President and the PM.
Under the current law, the President has a wide array of powers, few of which are shared or checked.
But under the proposed law, the President will only act most times on the advice of the Prime Minister and the Cabinet and his decisions will have to be approved by Parliament.
The Prime Minister will have greater say in nominating people to positions such as Cabinet ministers, deputy ministers and top civil servants.
Under the new arrangement, the President will the Head of State while the Prime Minister will be Head of Government. The PM will pick Cabinet ministers and other public officials for appointment by the President.
The President will retain many of the trappings and privileges of office: He or she will still live at State House, preside over national holiday functions and have a motorcade with outriders. In his new role, the President will be the symbol of the country’s unity.
As Commander-in-Chief and chairperson of the National Security Council, the President will also preside over passing out parades of security forces.
Under the checks and balances introduced in the proposed constitution, the President becomes a final authorised signatory of government decisions.
With the approval of Parliament, he or she may sign treaties and international agreements. He will also need the approval of Parliament to declare a state of emergency or a war.
The proposed powers of the PM will be checked by Parliament because he or she can be sent packing with the entire Cabinet if the national assembly recommends so to the President.
But the premier will have a lot of authority, he or she will take the powers exercised by a president today in the day-to-day running of government.
No Cabinet decision can be implemented unless it has been signed by the PM.
In the exercise of his duties, the PM is required to promptly and consistently brief the President on the conduct of government.
Committee of Experts chairman Nzamba Kitonga has defended this structure against claims that it proposes a ceremonial president despite the requirement that the nation’s chief executive be elected by the public.
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For posts directed at either Mr Kibaki or Mr Raila,guys get over it!Kibaki will not be running i don't even think he cares how anyone votes for it.No one is gauranteed anything here because politics change like the seasons.Lets reason whether two centres of power and two houses is expanding democracy or enlarging government thereby having so many non-taxpayers and thieves!
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I am very encouraged by this draft. It will serve Kenyans well i believe. Careful thought needs to be given to some of the clauses though with regard to offices and office holders and the mechanisms for choosing them. The requirement that parliament 'nominate' one among them if they reject the president's appointment of a PM, for example, poses potential problems the word nominate should be instead be replaced with 'elect'.
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We have had two centres of power since 2008 and we have ended up having the worst kind of governance since 2003. If we elect in-effectual presidents ,like kibaki, then we need a PM. Otherwise, we need only one strong executive president whose powers can be checked by an effective parliament governed by good laws. We need to make all MPs equal by stripping them off ministerial posts and have qualified PSs running ministries. Also lower the number of MPs to 150, and set a solid Parliament schedule not controlled by anyone, but by the law!
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