Experts present hybrid draft law to MPs’ committee

The Committee of Experts (CoE) on Friday presented a hybrid draft constitution to Parliament.

And MPs, through the Parliamentary Select Committee on the Constitution Review, expressed hope that consensus would be reached on contentious issues to pave way for a new constitution.

While Kenyans were unanimous that the powers of the country’s chief executive must be curtailed and be subject to checks and balances “they continue to root for either a parliamentary system of government or a pure presidential system,” said CoE chairman Nzamba Kitonga.

Mr Kitonga was speaking during the official handing over of a revised draft constitution to the parliamentary committee headed by Mr Abdikadir Mohamed after the views of Kenyans collected during 30 days of public debate were included. Some 39,439 written memoranda containing 1.7 million views were collected.

Conflicting

On Friday, Mr Kitonga said that following conflicting submissions, his committee viewed a hybrid system of government “as the best workable compromise”.

The committee said that a parliamentary or presidential system would polarise the country and that changes had been made in the composition of the office of the President and that of the Prime Minister to avoid conflict.

There is a clearer definition of the Executive, with the authority of the President in decision-making delineated, and the holding of regular consultations between the President and PM elaborated.

While the PM runs the government, the President has a supervisory role “that is evident in the stated requirement that the Prime Minister reports to the President”.

The committee further retained the Constitutional Court as a dispute resolution mechanism for any conflicts that might arise in the implementation of the new constitution.

To cut on costs, the committee proposed a two-tier devolved structure of government–national and county–instead of one that included a regional system.

Counties

The experts further recommended that the original 47 districts be used to determine the counties. If accepted by MPs and Kenyans, the Senate will largely deal with proposed legislation and matters related to devolved governments. Senators representing counties will be elected directly.

The National Assembly structure and voting remain the same. The Judiciary is to be overhauled in a “slow, systematic, voluntary and dignified” manner.

Despite the grand coalition leaders’ agreement on the removal of the clause on MPs being dismissed, the experts said it enjoyed considerable public support as did the establishment of an independent commission to set the salaries and perks of all state officers.