MPs hatch plot to have lawmakers nominated to Cabinet
The National Assembly in a past session. If the MPs shoot down the memorandum, President Kenyatta will have no otherwise but to sign the bill into law. PHOTO | FILE | NATION MEDIA GROUP
What you need to know:
The MPs, drawn from both sides of the divide and mainly in the National Assembly, are working on the proposal, which could be effected before the end of the year.
- A source within Jubilee told Nation that those promoting the idea are buoyed by the fact that the amendment can be pushed through without reference to the people through a referendum.
Majority Leader Aden Duale, however, said there is no such plan and vowed never to support it.
A group of MPs has hatched a plan to amend the Constitution to open the door for the President to pick some of them to Cabinet.
The MPs, drawn from both sides of the divide and mainly in the National Assembly, are working on the proposal, which could be effected before the end of the year.
They argue that the current presidential system has failed to respond to challenges of governance and they plan to exploit a loophole in the Constitution to bring the amendment through the parliamentary initiative.
A highly placed source within Jubilee Party told Nation that those promoting the idea are buoyed by the fact that the amendment can be pushed through without reference to the people through a referendum.
“We have perused the Constitution from the first to the last page and there is nowhere a referendum is required when an amendment involves the change in the structure of the Executive and of Parliament," said the official.
POPULAR VOTE
Whereas it is assumed that amendments to the Constitution that touch on the structure of the Executive and Parliament can only be undertaken through a popular vote, this is not explicit in the law.
Article 255 (1) says articles that require a referendum to amend are those relating to the supremacy of the Constitution, territory of Kenya, the sovereignty of the people, the national values and principles of governance referred to in Article 10 (2), the Bill of Rights, the term of office of the President, the independence of the Judiciary and the commissions and independent offices to which Chapter 15 applies, the functions of Parliament, the objects, principles and structure of the devolved government.
Consequently, they are pushing to amend Article 152 (3) which declares that a CS shall not be an MP. According to the draft, the MPs plan to leave this open so that the President will pick the Cabinet from outside and within Parliament.
Majority Leader Aden Duale, however, said there is no such plan and vowed never to support it.
CONSTITUTIONAL AMENDMENT
“Pure presidential system must be kept as it is and we are not ready for a constitutional amendment. The focus for Jubilee is to implement the Big Four Agenda,” he said.
Makueni Senator Mutula Kilonzo Jnr laughed off the amendment.
“Whatever they say, the amendment requires a referendum. As they draft it, they must think of the referendum question,” he said.
National Assembly Minority Leader John Mbadi said he is not aware of the plans but noted such a proposal could only be done by the Building Bridges Initiative task force agreed upon between President Uhuru Kenyatta and ODM leader Raila Odinga.
