A raft of proposals made in the Building Bridges Initiative report will require a referendum in order to be implemented. The most contentious issues being the creation of the positions of an Executive President, Prime Minister and Deputy President.
The Building Bridges Initiative (BBI) report that was handed to President Uhuru Kenyatta and ODM leader Raila Odinga at 2pm yesterday at State House, Nairobi, will officially be unveiled today at the Bomas of Kenya.
Proposals made in the report by the 14-member team, co-chaired by Senators Yusuf Haji (Garissa) and Amos Wako (Busia), signalled the quest for a populous vote, while some will be implemented through parliament.
Official opposition
As stipulated in Article 255 of the Constitution, sections protected in law include the Supremacy of the Constitution, the territory of Kenya, the sovereignty of the people, the national values and principles of governance referred to in Article 10 (2) (a) to (d), 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 and principles and structure of devolved government.
Haji officially handed the report to the president, who was accompanied by his deputy William Ruto, Raila and the Head of Public Service Joseph Kinyua. He once again urged Kenyans to read the document.
The proposals seek to have a hybrid system of governance as opposed to the current pure presidential system and no official opposition. It gives ground for the Prime Minister’s dismissal by the president or through a vote of no confidence in the National Assembly. The proposals have however not touched on the present two-term limit for the position of president.
The runner-up of the presidential election becomes an ex-officio MP and Leader of the Official Opposition if his or her party is not represented in government, or is a coalition of parliamentary parties not represented in the government.
These suggestions reintroduce leader of opposition, shadow Cabinet, question time and the role of the Prime Minister — which shall have supervision and execution of the day-to-day functions and affairs of the Government.
In effect, if implemented, it will bring back Cabinet to parliament, do away with the positions of Leaders of Majority and Minority and their deputies and powerful committee chairs.
The Opposition will play a key role in Prime Ministerial and Ministerial Question Time sessions in Parliament by reintroducing the government aside and backbench, which is absent presently, with only statements sought through relevant committee chairs.
Increase resources
The recommendations seek to increase resources to the counties by at least 35 per cent of the last audited accounts, 10 per cent short of what governors have been asking for. This will require a referendum to be enacted.
According to the report, while the president shall be elected through universal suffrage, he/she will remain the Head of State and Government and the Commander-in-Chief.
“He or she shall be the central symbol of National Unity. The President will chair the Cabinet, which compromises the Deputy President, the Prime Minister, and Cabinet Ministers- instead of the Cabinet Secretaries,” reads the report.
The Executive, under the president, shall have the power to determine the policy of the government in general, while the ministers under the leadership of the Prime Minister, shall be collectively responsible in the National Assembly for the execution of the affairs of the government.
On the appointment of the PM, the president shall appoint an elected Member of the National Assembly from a political party having a majority of members or, if no political party has a majority, one who appears to have the support of a majority of MPs.
“The nominee for Prime Minister shall not assume office until his or her appointment is first confirmed by a resolution of the National Assembly supported by an absolute majority vote of MPs,” reads the report.
To avoid the politicisation of the Public Service, the permanent or principal secretaries will not be subject to parliamentary approval. Their accountability will be strictly administrative and technical.
Another proposal is that the running mate of a governor be of the opposite gender.
“Where a vacancy, for any given reason, occurs in the deputy governor’s office, and the governor fails to appoint a replacement within 90 days, the Speaker of the County Assembly, with the approval of the assembly, shall nominate a deputy governor,” reads the report.
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