ODM backs calls for referendum to create PM's post

ODM Chairman John Mbadi (left), Suna East MP Junet Mohamed (centre), ODM party leader Raila Odinga flanked by ODM MPs during an ODM parliamentary group meeting at Orange house. [Beverlyne Musili/Standard]

ODM Chairman, however, says Premier should assume all key executive functions, as proposed in Tiaty MP Kassait Kamket's bill.

Raila Odinga's Orange Democratic Movement (ODM) party has backed the push to amend the Constitution to create the position of Prime Minister, a proposal Deputy President William Ruto has opposed.

ODM Chairman John Mbadi said ODM supports the proposal for reintroduction of the Premier seat, but is against the Office of the Prime Minister assuming all key executive functions.

"We want it harmonised in such a way that the President is not only ceremonial but also retains the role of Commander-in-Chief of the Armed Forces," Mr Mbadi told The Standard.

"ODM was one of the first to propose such a parliamentary system of democracy akin to the United Kingdom, but later dropped it. We may have to revisit it," Mbadi said.

MPs Mark Nyamita (Uriri), Paul Abuor (Rongo), Jared Okello (Nyando), Glady's Wanga (Homa-Bay Woman Rep) and Onyango K'Oyoo (Muhoroni) also supported the push to amend the Constitution.

Ruto has opposed the proposed amendment to the Constitution to create positions, terming it a self-serving initiative to accommodate a few individuals.

Mbadi said while they support Tiaty MP Kassait Kamket's Bill to change the Constitution to create the post of a Prime Minister, they want limits as to the scope of the executive authority. The MPs pointed out gaps in Kamket's philosophy that aims to redress electoral injustices and promote wide dispersal of power.

Mr Kamket has called for a single seven-year ceremonial President and the scrapping of the position of Deputy President altogether.

He wants a ceremonial President, to be elected by Parliament, and who will be in office between elections to ensure smooth transition.

Term limits

He will be Head of State and will have the duty to ask the leader of the largest parliamentary party to appoint a Prime Minister to form government.

The Prime Minister, on the other hand, will be a leader with no term limits, and will name his Cabinet from among elected parliamentarians as opposed to appointing professionals.

The National Council of Churches of Kenya had made similar proposals, preferring a Prime Minister with two deputies to answer questions fielded in Parliament.

The ODM legislators called for a referendum to legitimise important constitutional issues such as devolution, electoral reforms and key governing institutions.

Mbadi said when very important issues are involved, it is appropriate to let the people make the final decision.

"In the wake of increasing voter apathy and disenchantment with traditional forms of democracy, direct democracy can help to re-engage voters with politics," he said.

Mbadi enumerated some of the issues that have forced them to opt for a referendum. They include proposals by most MPs that they should serve for 10 years as opposed to five-year terms.

Some of them claim a five-year term is too short to make any meaningful impact and this is to blame for many abandoned and incomplete projects.

"So we have tasked some of our members to explore alternative provisions that will not be effected without seeking the consent of the voters in a referendum," he said.

Already, the lawmakers are drafting a Motion to this effect, which could soon be tabled in the House for debate.

Mbadi said some newly-elected MPs were abandoning good or viable projects started by predecessors, resulting in either duplication of projects, or wastage of public resources.

"This is one of the reasons some of us propose that we come up with a new electoral system, where the legislators serve for one term of 10 years," Mbadi said.

An MP elected in a by-election mid-way through a Parliament, regardless of how long they have occupied the seat, would not be exempted from the election.

Another petition to change the Constitution has been presented to the National Assembly by Ezekiel Njeru Namu from Embu.

In his petition, Namu wants the presidential term reduced to four years, MPs to serve six years and senators seven.

Local languages

The petitioner wants county assemblies to use local languages in their deliberations. He also wants MPs to increase the number of constituencies from 290 to 300 and scrap academic qualifications for lawmakers and members of county assemblies.

There is also a petition by Mohammed Sheikh from Wajir, who wants presidential age limit capped at 50 years ahead of 2022.

These ballot questions, MPs Abuor and Okello said, can be best answered by voters at the referendum.

Catholic Church bishops led by Cardinal John Njue last week called for changes to the Constitution to help heal the country.