Draft: Kibaki, Raila meet but all in vain

By David Ohito

President Kibaki and Prime Minister Raila Odinga met Thursday evening to examine proposals floated to break the impasse on Executive Chapter of Revised Harmonised Draft Constitution but it all came to zero.

The principals and their lieutenants met for four hours and forty minutes but failed to strike a deal, clearly showing the coalition partners are still digging into their hard line positions.

Their meeting marked the renewed efforts towards consensus by Grand Coalition partners but it only went as far, because in the end it was resolved all the contentious issues be left to the wisdom of the Parliamentary Select Committee on Constitutional Review. The 27-member committee retreats to Naivasha on Monday to seek a political agreement as well as middle ground on the contentious clauses in the draft.

But it was expected that by the time it leaves for Naivasha the Council of Ministers working under the banner of Coalition Management Committee — and reporting directly to Kibaki and Raila would have narrowed down the differences in the coalition so that all it would do is refine their agreements into legal clauses and structure.

"The two principals have mandated their respective teams to ensure negotiations are conclusive because Kenyans have waited for a new constitution for too long," read the statement given at the end of the meeting.

The President and PM signed the statement, which was read to journalists by Raila. The President and all members of the committee sat through the reading.

But according to the two leaders, their meeting yielded what they termed "substantial progress on some of the major contentious issues." It, however, said, "finer details will be sorted out by the PSC in the Naivasha retreat."

They, however, did not substantiate on the substantial progress made on the contentious issues.

"The coalition partners assures all Kenyans they are committed and optimistic the constitution review process will be finalised in due course for the benefit of all Kenyans," it ran.

Race against time

The Standard established the principals were given four proposals by the technical team of Grand Coalition Management Committee.

Consensus by Kibaki’s PNU and Raila’s ODM is seen as inevitable if the draft revised by Committee of Experts is to sail through Parliament and the referendum.

The two leaders were racing against time because on PNU on Wednesday disowned the draft claiming CoE ignored the views of Kenyans on the need for one-centre of power with a clear chain of command.

The revised draft by COE already presented to PSC proposes a hybrid system of government. President Kibaki’s party PNU favours a presidential system while Raila’s ODM is rooting for a parliamentary system.

Part of the proposals presented to Kibaki and Raila included a pure presidential system in which election losers in the race for State House will not sit in Parliament.

The systems of government under consideration were: Pure presidential system; Pure parliamentary system; and two hybrid proposals — with one leaning towards the presidential system while the other has more elements of the parliamentary system. The President is not an MP in both systems.

It is hoped one of the four proposals may be settled on so mend the polarised positions adopted by PNU and ODM Coalition Management Committees’ representatives.

However, it would may still sound foolhardy for the PSC to proceed to Naivasha before the parties agree to a common position through the management committee, especially given the clout of the ministers sitting in the Cabinet arbitrating committee.

The proposals presented by the lawyers to the principals come with a strong system of checks and balances with Parliament wielding the power to impeach the president and PM.

In the pure presidential system proposed, the president is both Head of State and Government, is directly elected by universal adult suffrage, and enjoys a fixed term of office.

The president appoints and dismisses the Cabinet and Heads of Civil Service and his or her running mate may assume the unexpired mandate should he or she exit before the term ends.

In the pure parliamentary system proposed, the president is Head of State, elected through Electoral College or directly appointed by designated authority. The president performs state functions on the advice and recommendation of the government, has term limits and is a symbol of national authority and not affiliated to any political party.

In the parliamentary system proposed, the prime minister chairs the Cabinet is appointed from among MPs and is the leader of the parliamentary party with majority members in the National Assembly. The party may recall a PM or allow another leader to assume unexpired mandate.

The third proposal revolved around the hybrid system with heavy leanings towards a presidential system. The president directly appoints and dismisses Cabinet, chairs it and is not an MP. The president appoints the PM of his choice from Parliament and final decision-making is the preserve of the president. The president is both Head of State and Government.

Hybrid system

The last proposal presented to Kibaki and Raila is a hybrid system that leans towards the parliamentary system where the PM appoints and dismisses Cabinet. The PM chairs the Cabinet and is an MP.

The parliamentary hybrid system suggested provides that the PM is Head Government but the president is Head of State.

Accompanied by their lieutenants, Kibaki and Raila appeared to put the confusion of why they would not be together in Mau tomorrow to flog the reform agenda back on its feet.

 

Read all about: Kibaki Raila Harmonised Draft Constitution

 

 

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