Azimio and Kenya Kwanza in the National Assembly have supported a petition calling for an amendment to the Constitution to create offices of Prime Minister and Official Opposition.
Leader of Majority Kimani Ichungw’a and Leader of Minority Opiyo Wanday, however, differed on the route to be used to make the amendments.
While Wandayi insisted that the matter must be subjected to a referendum, Inchung’wa appeared to agree with the petition, which said the offices could be created through a parliamentary process.
The Leader of Minority in his presentation to the Public Petitions Committee said creating the offices will interfere with the functions of Parliament in a way and hence the need to subject the amendments to a referendum.
“Those amendments relate to functions of Parliament. You will be creating a new structure. You can amend anything in the Constitution but take it to the people. It is as simple as that,” he said.
Wandayi promised that Azimio will support the proposed changes at a referendum.
“If we go to a referendum, Azimio will vote Yes,” he maintained, saying the Opposition has always been of the view that the country needs to adopt a parliamentary system of government as opposed to pure presidential.
He said the Prime Minister would be from the party or coalition that forms the government.
Ichung’wa said the petition is “indeed timely and the petitioner seeks to enhance inclusiveness and promote unity in the country by providing for greater representation of different regions and communities in the country.”
He noted that following the promulgation of the Constitution of Kenya 2010 and the transition to a presidential system, candidates seeking to contest for the top seat are excluded from vying for parliamentary seats.
He said the current system locks out the Leader of Minority side from meaningful political participation and they are left to rely on Minority House Leadership to perform the function of oversight.
“It is worth noting that towards the end of 2022, President William Ruto wrote to Speakers of both Houses to consider the introduction of a constitutional amendment to set up the office of the Leader of Opposition,” he said.
He explained that the office of the Leader of the Opposition will institutionalise governance, strengthen oversight and deepen democracy.
“This is in line with provisions of Article 10 of the Constitution which provides that good governance, integrity and accountability are the foundation of the national values and principles of governance in Kenya,” he added.
“The time is indeed right for us to explore the possibility of remedying this as it will greatly contribute to strengthening democratic institutions and promote a culture of peaceful and inclusive political participation,” he said.
Azimio leader Raila Odinga has opposed Ruto's proposal to amend the constitution in order to create the office of Opposition Leader.
Raila said the proposal by Ruto's administration to amend the constitution "undoubtedly seeks to re-introduce the same matters that the Building Bridges Initiative had suggested for many months."
According to Raila, while the proposals are similar to those in the BBI, they cannot be presented in the same way or processed through the National Assembly.
One Victor Okul petitioned the National Assembly to amend the Constitution to introduce the offices of Prime Minister, Deputy Prime Minister and Official Leader of Opposition.
The petitioner is convinced that the ‘winner-takes-it-all’ system is regressive in light of the fact that the offices were initially part of the changes Kenyans had proposed to the Bomas Draft Constitution.
He also avers that various initiatives and public discourse to introduce the said offices through mechanisms provided for under Article 257 of the Constitution have not borne fruit.
He said every presidential election since the promulgation of the Constitution of Kenya 2010 has been divisive on account of the winner-takes-it-all system.