BBI REPORT: New structure of the Executive arm of the government as proposed

KTN News Nov 27,2019


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The kind of autochthonous, home-grown executive structure that responds to our political

realities, sought by Kenyans is broad-based and inclusive, and has the following

characteristics:

A. Running for and winning the Presidency — The President shall be elected

through universal suffrage. For a candidate to be declared the winner of the

Presidential election, he or she must win 50% + 1 of the Presidential votes and at

least 25% of the votes cast in each of more than half of the Counties, as is now

the case.

B. An Executive President —The President will remain the Head of State and

Government and the Commander-in-Chief. He or she shall be the central symbol

of National Unity. The President will chair the Cabinet, which compromises the

Deputy President, the Prime Minister, and Cabinet Ministers.

C. The Executive, under the authority of the President, shall have the power to

determine the policy of the Government in general, while the Ministers under the

leadership of the Prime Minister, shall be collectively responsible in the National

Assembly for the execution of the affairs of the Government.

D. Term limit — Retain the present two-term limit for the role of President.

E. Deputy President —The Deputy President is the running mate to the President.

The Deputy President shall deputise the President.

F. Prime Minister — Within a set number of days following the summoning of

Parliament after an election, the President shall appoint as Prime Minister, an

elected Member of the National Assembly from a political party having a majority

of Members in the National Assembly or, if no political party has a majority, one

who appears to have the support of a majority of MPs.

G. Approval by Parliament — The nominee for Prime Minister shall not assume

office until his or her appointment is first confirmed by a resolution of the

National Assembly supported by an absolute majority vote of MPs. If the Prime

Minister nominee is not confirmed, the President shall have another set number

of days to make another appointment. This process shall continue until there is a

successful nomination for Prime Minister. A measure to ensure that this process

is not indefinite, and that governance is continuous should be considered. The

Taskforce would also like to point out that some members of the public

expressed concern that the use of simple majorities may find it a challenge to

guarantee inclusivity in Kenyan politics. There were proposals made for raising

the bar and requiring higher majorities. The Taskforce members felt that this is a

matter for a larger national conversation.

H. Dismissal — The Prime Minister may be dismissed by the President or through a

vote of no confidence in the National Assembly that wins an absolute majority.

I. Leader of the Official Opposition — The runner-up of the Presidential election

becomes an ex-officio Member of Parliament and the Leader of the Official

Opposition if his or her party is not represented in the Government, or of a

coalition of Parliamentary parties not represented in the Government.

J. Need for a strong opposition — The party or coalition of parties that is not in

Government shall be the Official Opposition.

K. Shadow Cabinet — The Leader of the Official Opposition shall be enabled to have

a Shadow Cabinet to challenge the Government’s positions in Parliament. This

will include the ability to have adequate provision of quality research on the

policy and legislative agenda of the Government.

L. Question Time — The Opposition will play a key role in Prime Ministerial and

Ministerial Question Time sessions in Parliament. Question Time is an

opportunity for MPs to question Government Ministers about matters for which

they are responsible.

85. The Role of the Prime Minister —

A. The Prime Minister shall have authority over the supervision and execution of

the day-to-day functions and affairs of the Government.

B. The Prime Minister shall be the Leader of Government Business in the National

Assembly.

C. On the President’s tasking, the Prime Minister will chair Cabinet sub-committees.

D. In the exercise of his authority, the Prime Minister shall perform or cause to be

performed any matter or matters which the President directs to be done.

E. The Prime Minister will continue to earn his or her salary as a Member of

Parliament with no additional salary for the prime ministerial role.

F. The Principal Secretary in the Office of the Prime Minister will chair the Technical

Implementation Committee of Principal/Permanent Secretaries.

G. To avoid the politicisation of the Public Service, the Permanent or Principal

Secretaries will not be subject to Parliamentary approval. Their accountability will

be strictly administrative and technical.