Nasa roots for constitutional changes

The National Super Alliance has proposed amendments to the Constitution of Kenya 2010 to provide for a hybrid executive system which it says will boost national cohesion.

In their manifesto launched on Tuesday, Nasa is proposing to have a system modelled along the 2004 Bomas Draft that was short circuited and diluted by varied political and sectarian interests that came up with the Wako Draft that was rejected in the 2005 referendum.

The Bomas Draft created both the position of the President and Prime Minister.

It proposed that the President was to be elected directly by the people and be the Head of State while the Prime Minister was to be the head of government and preside over all cabinet meetings.

The PM was to be appointed by the President from the leader of a political party or coalition with the majority in the national assembly.

PARLIAMENTARY SYSTEM

Nasa Presidential candidate Raila Odinga has supported the idea of a parliamentary system since the time of the Bomas Draft Constitution in 2004 in which he played an active role.

In a parliamentary system MPs choose a Prime Minister who typically is selected by the largest party which also forms the government. The president then becomes a ceremonial Head of State.

The current Constitution was originally intended to create a parliamentary system but MPs switched to a presidential system in the Naivasha talks in 2010.

ODM conceded to PNU after the side was weakened by the William Ruto-led rebellion when Kalenjin MPs fell out with Mr Odinga over the International Criminal Court cases and the Mau Forest restoration.

POWER SHARING

“Nasa recognises that a directly elected president in a presidential system favours larger communities and encourages exclusivity,” the manifesto says, pointing out that a hybrid parliamentary system based on the Bomas Draft will not only allow individuals from smaller communities to rise to the highest office in the land but also encourage an inclusive system of power sharing.

Other proposals on constitutional amendments Nasa is considering should it capture power, include gender balance issue that was a sticking point throughout the life of the 11th parliament and provide for sharing of the benefits coming from resources in certain communities and counties with those local communities and host counties.

NEW SYSTEM

It will also push for constitutional amendments to provide for the involvement of county governments in the provision of security in their respective counties and streamline the role of bicameralism in the devolved system of government.

“Nasa believes that implementation and consolidation of the constitution to put in place a devolved system of government requires recognition of any emerging challenges and weaknesses in the constitution and the new system,” Nasa says, pointing out that addressing such weaknesses and challenges would be achieved through legislation, constitutional amendments, or both.