President, PM’s powers not absolute

After reading Article 12 on the Executive in the Harmonised Draft Constitution, it is clear that, contrary to our misgivings, the prime minister will not have inordinate powers.

The president will continue to wield substantial Executive authority but within carefully crafted checks and balances that will require Parliament and the PM to be involved.

The premier will not wield executive power that will discomfit the presidency. There is nothing he will do without the president being in the picture.

Article 188 states, "the premier shall keep the president fully and regularly informed concerning the general conduct of government and shall furnish him with any information he may request relating to government".

The PM will not make important appointments or effect dismissals of the same on his own. Instead, he will only make recommendations to the president.

The PM’s role is confined to directing and co-ordinating the work of ministries and preparation of legislation and to chair meetings of the Cabinet.

A decision of Cabinet is not valid, and shall not be implemented unless signed by the premier.

The PM and Cabinet members are accountable collectively and individually to Parliament and a minister can be required to attend Parliament to answer questions concerning a matter assigned to that ministry.

In such a context, there is nothing to suggest that the president will be ceremonial or that the PM has inordinate powers.

The CoE did a satisfactory job by crafting nice checks and balances that tame the presidency without crippling it, and arrogating executive powers to the PM that cannot be exercised without involving the president or Parliament.

The Executive should no longer be the stumbling block in the realisation of a new constitution.

{Anderson Omoto, Kakamega}

The events leading up to the publishing of the rejected 2005 Wako Draft were exasperating.

In Kilifi, a few MPs allowed themselves to be compromised in exchange for supporting the mutilated draft.

What followed was ethnic polarisation as politicians seized the moment to whip up public emotions. One incident in Thika even saw supporters of the Orange and Banana camps engage in fist and machete fights.

A similar incident should never be allowed to occur. Let us debate the current draft with sobriety, open-mindedness and sincerity if we have any vestige of dignity left.

The contentious issue in the new draft is about the sharing of powers between the president and PM. When debating this, let us not consider individuals but public good.

Next year’s referendum must not be a rehearsal for violence in 2012. This can only happen if leaders drop their vendettas against the electorate.

Already, there are signs some MPs will use the Mau issue and The Hague debate to settle political scores in the referendum next year.

Many have died, resources have been wasted and guesswork has crushed spirits. Let us consign the current authoritarian and colonial constitution to the dust bin.

{Joab Apollo, Eldoret}

 

 

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