PM post makes a comeback in BBI with fewer powers

Wiper Democratic Movement leader Kalonzo Musyoka holds a press conference after the election of Chirau Mwakwere as the party's chairperson, at the Kenya School of Law on July 28, 2019. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Musyoka says the PM’s office must be strengthened, with changes made to the powers and privileges of its holder in order to enable the office to deliver on its mandate.
  • As per the BBI report, the role of prime minister was created with a view to strengthening accountability and inclusivity in government.

Billed as the panacea for the “winner-take-all” electoral arrangement, the position of prime minister as envisaged by the Building Bridges Initiative (BBI) has become a major source of strife in the political class.

Former vice-presidents Musalia Mudavadi and Kalonzo Musyoka, among the probable front-runners for the position, lead the pack of politicians who are poking holes in the proposed premier’s office.

Mr Musyoka, the Wiper party leader, for instance, has wondered why the Garissa Senator Yusuf Haji-led team was so mean on the PM.

The BBI report, notes Mr Musyoka, has “terribly weakened” the PM’s post, whose holder has to earn a salary similar to that of a member of Parliament and “who can be fired at will by the President”.

“How honest is the proposal that the prime minister will rank above MPs and ministers of State but will draw an equal salary? What is the secret motivation here? Untold allowances?” poses Mudavadi.

Much as they have indicated initial interest in the presidency, backers of Mr Mudavadi and Mr Musyoka concur the two could settle for any favourable slot in an agreeable power-sharing arrangement.

STATUS QUO

Mr Musyoka, in particular, appears to have his eyes set on the PM’s post, having singled it out of the many BBI proposals and repeatedly criticised it or appealed for amendments.

Noting that Mr Musyoka has supported Orange Democratic Movement (ODM) leader Raila Odinga’s presidential bid twice as a running mate, Kitui Senator Enoch Wambua maintains that this time around the former VP “will not play second fiddle to anyone”, including Mr Mudavadi and most likely Deputy President William Ruto as well.

Ideally, Mr Musyoka’s core supporters are fatigued with the Number Two slot, making the prime minister M slot more attractive for him were he to enter into another coalition arrangement where he is not the presidential flag-bearer.

The position is similarly ideal for Mr Mudavadi, just as it is to President Uhuru Kenyatta, whose supporters claim he may transit to the prime minister’s slot upon completing his second term.

OFFICE TAKERS

Other high-profile candidates for the premiership include the former holder of the position, Mr Odinga, DP Ruto and former Cabinet minister Martha Karua, who despite showing interest in the presidency, could settle for the position under a coalition partnership.

And because the proposed arrangement requires a prime minister to be nominated from elected members of the National Assembly, the political heavyweights will be compelled to face off with other competitors in parliamentary poll contests, thereby ruffling feathers on the ground.

This could be a discomforting encounter for the big guns that have cut out a national image and have, since the promulgation of the 2010 Constitution, not engaged directly in local political contests.

KURIA UNSHAKEN

Gatundu South MP Moses Kuria, for instance, says he is ready for challengers at the ballot.

“I will be defending my seat and I have no problem with the President if he chooses to enter the race, although he has not indicated that he will.”

East Africa Legislative Assembly MP Simon Mbugua points out that the President could go for the seat “with a view to serve Kenyans as well as groom a political successor from Mt Kenya region”.

A possible entry of Mr Kenyatta in the Gatundu South parliamentary seat would complicate Mr Kuria’s political career.

The vocal legislator is, however, cagey about such a prospect: “It is okay if he wants to vie, after all he constitutionally qualifies to do so. Either way, my options are open.”

STRENGTHEN MANDATE

If the BBI rule is retained, current MPs Paul Nzengu (Mwingi North), Alfred Agoi (Sabatia), Githinji Gichimu (Gichugu), John Waluke (Sirisia), Nixon Korir (Lang’ata) and Janet Jepkemboi (Turbo) may similarly face political heat from Mr Musyoka, Mr Mudavadi, Ms Karua, Bungoma Senator Moses Wetangula, Mr Odinga and DP Ruto, respectively.

But first, Musyoka says the PM’s office must be strengthened, with changes made to the powers and privileges of its holder in order to enable the office to deliver on its mandate.

Mbugua concurs: “Of course we are going to redefine and elevate the office of prime minister by giving it more responsibilities and powers. We cannot allow, for instance, a scenario where a President wakes up one morning to sack the PM, and all leaders are united on this.”

Orange Democratic Movement (ODM) party chairman John Mbadi, too, agrees that as conceptualised, the PM’s office is “fairly weak”.

“Much as the Orange party has all along supported the parliamentary system with a powerful premier, we acknowledge that some of our partners are for the presidential system, arguing that a prime minister cannot share executive powers at the expense of a President elected through universal suffrage.”

CENTRES OF POWER

Nonetheless, the National Assembly’s Minority Leader lauds the task force for capturing the premiership post in its report.

This, he opines, is a statement of approval for the PM’s office, “and what remains now is for Kenyans to model the post to agreeable standards”.

But there are concerns that this will create two centres of power. Mr Kuria says this will “lead to unnecessary friction in government”.

The issue has previously been the subject of debate, with then-constitutional affairs minister Kiraitu Murungi famously dismissing the Bomas Draft Constitution in 2005 as an unworkable document for creating a powerful position of prime minister.

And only last week, Interior Cabinet Secretary Fred Matiang’i maintained that “boma haitawaliwi na wazee wawili” (a homestead is not headed by two men.

COHESION

Dr Matiang’i, who was speaking at a funds drive in Kirinyaga County, may not have been referring to the premiership but it nonetheless emphasises the disapproval of two centres of power.

The BBI report, the product of the symbolic handshake between President Kenyatta and Mr Raila Odinga, was primarily mooted to promote national cohesion.

The role of prime minister was created with a view to strengthening accountability and inclusivity in government.