Reform plans on as Nadco set for debate

A constitutional moment is looming in Kenya after a joint committee of the Houses of Parliament eventually tabled the National Dialogue Committee report for debate.

The Nadco process had stalled for months and the new momentum comes just days after former Prime Minister Raila Odinga, a key principal in the process, lost in his bid to become the African Union Commission chairperson.

The report — a product of a truce between Raila and President William Ruto — has recommended radical constitutional changes, including establishing the office of the PM.

Interestingly, soon after Raila’s loss in Addis Ababa on Saturday, Ruto’s allies started to make suggestions on how to accommodate Raila in government.

Apart from the position of premier, the report also proposes to establish the office of leader of opposition.

The leader of opposition is to be assisted by two deputies and their operations would be funded by taxpayers.

The team suggested that the Prime Minister be part of the national Executive and assist the President in executing authority.

Nadco wants the PM nominated and appointed by the President upon approval by the National Assembly.

The nominee was also to be included as a member of the National Security Council and designated as a state officer.

On the term of Parliament, Nadco recommended that elections be staggered and for the Senate to be elected every seven years. It also suggested a Senate Oversight Fund as well as the entrenchment of the National Government Affirmative Action and the National Government – Constituency Development Fund into the constitution.

It is however emerging that the report would not sail smoothly in Parliament. The joint Justice Committee has ruled that a referendum is inevitable in order to entrench the Prime Minister and leader of opposition posts in law.

MPs also concluded the same would apply to the bid to alter the term of the Senate from the current five to seven years.

“The proposal relates to the sovereignty of the people, national values and principles of governance. Consequently, it would need a referendum,” the committee said.

“The proposal [official opposition leader] would alter the country’s system of governance and undermine the current presidential system.”

The MPs recommended tthe proposals to amend the constitution be reduced to three bills. Among the proposals is to have a bill to entrench NG-CDF, Senate Oversight Fund and affirmative action fund.

Also to be published is a bill to implement the two-thirds gender principle and the one with amendments that need a referendum.

“The bills should be redrafted in the manner proposed in this report and the same is printed and circulated to MPs and the public for their comments,” the team said.

The other bill is to amend the constitution to include the post of Prime Minister and leader of opposition. Even so, the George Murugara and Hillary Sigei-led team have expressed reservations with the creation of opposition leader.

They said Nadco has not clearly provided whether the opposition leader’s office would be a public or state office, and in which arm it would be domiciled.

The MPs also argued that it is not clear how the opposition leader would align with that of the minority leader as spelt in the constitution.

The lawmakers further argued that the proposal would alter the functions of Parliament.

“This is because the constitution doesn’t envisage a member of the executive sitting in Parliament as implied in the Nadco bill,” the lawmakers said.

The committee said the PM position was untenable as proposed, and functions are the same as of a Cabinet secretary.