ODM MPs back parliamentary system as law review beckons

Parliamentary Leader of Minority John Mbadi flanked by other ODM MPs addressing the press at Orange house on 26/9/17-[Photo: Beverlyne Musili/Standard]

Legislators are preparing proposals to overhaul the presidential system in favour of the parliamentary system, the Sunday Standard has established.

Sources in ODM disclosed that the proposal is among changes the party in collaboration with Kanu, Jubilee, Wiper Democratic Party and Amani National Congress are working on.

The MPs are of the opinion that it is only through the parliamentary system that Kenya will see an end to electoral violence witnessed every General Election.

MPs Antony Oluoch (Mathare) and Otiende Amollo (Rarieda) led by ODM chairman John Mbadi noted that only parts they deem defective in the law will be amended.

“We will only deal with select parts that have not proved effective nine years since the promulgation of the new law in 2010,” explained Mr Amollo who is former Committee of Experts CEO.

The leaders also target to streamline the mandate of members of both Houses of Parliament. Currently, the Senate and the National Assembly are responsible for passing legislation, which many argue leads to delay, hence the need to harmonise their mandate.

“We target to eliminate overlapping powers between the lower and upper houses of the bicameral legislative system,” explained Mr Oluoch.

Some of the proposals could even force the Senate to cede part of its mandate to the National Assembly like power to block legislation and impeach governors through a vote of no confidence.

Legislators also propose to centralise government and strengthen the power of the Prime Minister through constitutional amendment.

“The law changes will streamline the country’s complex political system. This is what many want going by the mood of the country,” said MP Paul Abuor (Rongo).

ODM MPs plan to address historical political injustices which are perpetuated by the winner takes it all system.

“Some of the envisaged changes will have far-reaching impact, while other small changes to portions of existing laws will be re-examined keenly,” said Oluoch.

Opposed amendments

This comes in the wake of President Uhuru Kenyatta’s admission that there is need to look at what ails Kenya every election cycle.

“If it is this issue of the winner takes it all that is a problem to all of us then let us revisit it with a clean slate for the common good of all of us,” the President said in Kisumu.

However, Deputy President William Ruto, has publicly opposed the amendments, claiming it was a selfish move to create positions for a few wadosi (political elite).

Senate Majority Leader Kipchumba Murkomen has echoed the DP’s sentiments in what is likely to lead to a heated referendum debate.

But some Rift Valley MPs have proposed the creation of a prime minister’s position.
Cherangany MP Joshua Kuttuny said the prime minister and the two deputies shall be appointed by the president and approved by the National Assembly. 

Yesterday, the legislators vowed to ensure the proposed amendments to the Constitution address people’s needs, customs and attitudes. Former Law Society of East Africa President James Mwamu and lawyer Geoffrey Yogo, said the Constitution precedes all organs of State and changing flawed parts was good.

Mr Yogo and Mr Mwamu, cited the American constitution, which at first did not recognise the need for overarching administration to look after common interests of all, which led to civil war.

But after the war failed to settle the issues concerning statehood, the leading American statesmen realised the need to balance the competing interests of the people.

“That is why the American Constitution has lasted today for more than 200 years with only 37 amendments to call, an example Kenyans should borrow leaf,” Mwamu said.

Former Prime Minister Raila Odinga has lobbied for a three-tier government that will see creation of proposed 14 regional blocs.

Raila told delegates at the fifth devolution conference in Kakamega last year, that it was time the country revisited the structure of governance for economic viability.