Law review okay, but it shouldn’t be about creating jobs for election losers

William Kamket, the MP for Tiaty (that is in Baringo, for those who don’t know), is not inventing the wheel.

His constitutional Bill is largely a remake of the Bomas Constitution of 2005. It proposed a parliamentary system, with an executive prime minister.

What doomed the Bomas draft was its misguided prescription that the president would be ceremonial, and yet be popularly elected.

Why would anybody in his right mind campaign across the country to become a figurehead?

KANU MP
Kamket is back to the same thing, with some notable differences from Bomas like a president who is elected by Parliament and senators elected by County Assemblies.

As always, Kenyans must smell a conspiracy in everything. The most hilarious I have heard is that this is a wicked scheme for President Uhuru Kenyatta to remain in power as PM beyond 2022, while his deputy becomes president.

Rather like the rotational power dance we see in Russia between President Vladimir Putin and PM Dmitry Medvedev.

The inconvenient bit to this conspiracy theory is that Kamket is a Kanu MP. If there is a plot — of which I doubt — it’s from the mama na baba party.

Its leader, Baringo Senator Gideon Moi, has eyes on the Uhuru succession.

WILLIAM RUTO

Anyway, 'Kamket’s' Bill has caught everybody unawares. The ODM says it should come as part of a national dialogue. Jubilee adds, cautiously, that it needs time to study it.

I can bet my farm potatoes that the URP rump, for one, will not support this Bill, particularly because of its timing.

William Ruto is already salivating to become president after Uhuru. He won’t take it kindly when roadblocks are thrown his way, especially by a Bill that makes a ceremonial eunuch of the presidency.

It is unlikely he would prefer being a PM whose status is uncertain.

In the past, ODM has favoured a parliamentary system.

That was understandable as long as it remained the biggest political party, a position which has since been usurped by Jubilee when URP and TNA merged.

HOUSE MAJORITY

In a parliamentary system, the party or coalition with the majority of MPs appoints the PM.

He is not elected directly through a popular vote, which is a big beef with many Kenyans. There is nothing wrong in principle in changing the Constitution to have a parliamentary system, or something else.

The problem is how the matter is being framed as one of expanding government so as to accommodate sore election losers.

The argument is that creating more State offices will minimise the suffocating premium placed on the presidency. That is sloppy thinking.

LEGISLATORS

The same toxic competition would then focus on the PM’s office. Kamket thinks his Bill will promote inclusivity.

It will more likely take us back to the damaging turf wars we saw in the 2008-2013 “grand coalition”.

Sure, the Constitution must and needs to be changed, but the purpose should be to shrink the bloated government from trunk to tip, starting with a reduction of the number of MPs (416) and MCAs (over 1,500) to something less burdensome.   

* * *
Listen to former Kakamega Senator Boni Khalwale’s latest spin on the January 30 “swearing-in”: Raila Odinga hosted a dinner the previous evening, which was attended by the other Nasa co-principals.

Also present was former Nigerian president Olusegun Obasanjo, who was in the country presumably as UN secretary-general Antonio Guterres’ envoy, with a brief to prevail on Nasa to drop the “swearing-in” plan.

That matter resolved, Obasanjo relayed the outcome to the government, on which basis police were withdrawn from Uhuru Park.

The following day, Kalonzo Musyoka, Musalia Mudavadi and Moses Wetang’ula gathered at a hotel waiting for Raila, the plan being to jointly hold a press conference to call off the “swearing-in”, as per the deal with Obasanjo. Raila never showed up.

Quite a tale. Alas, ODM warriors have set upon Khalwale and called him a liar.

Warigi is a socio-political commentator [email protected]