Do I support constitutional amendments?
Yes I do and this is why. First of all the 2010 Constitution was not singularly our document. The Constitutional Review process was a bus riddled with many passengers, conductors and touts all of whom had vested interests. The document which was singularly the product of the Committee of Experts was “The Harmonized Draft” which captured the spirit of the Bomas Draft, the Kilifi Draft and the Wako Draft. The Harmonized Draft was required by law to be submitted to the Parliamentary Committee on the Review of the Constitution sitting in Naivasha. This Committee at Naivasha made ad-hoc, chaotic changes which altered some aspects of the design of the document. A few examples will abide: -
First, it is at Naivasha that for the first time in the history of this country that the idea of a pure presidential system of government was born. It was never in our independence Constitution, the Post-Independence amended Constitution, the Bomas Draft, the Kilifi Draft or the Wako Draft. The Harmonized Draft created a hybrid system of government with powers cascading from an elected presidency to a Prime Minister elected by parliament and two Deputy Prime Ministers also elected by parliament.
Two, Naivasha also threw out the proposal that Cabinet Ministers be drawn from both parliament and professionals. This model was recommended to enable the president to tap expertise across the board as well as to accommodate political interests. Countries are about politics. But importantly the Cabinet would be answerable both to the President and parliament. This is a cardinal requirement in the delicate system of checks and balances.
Thirdly, Naivasha also threw out the office of Leader of the official Opposition. This is the ultimate symbol of checks and balances in governance. A person and a party which has the support of over five million voters cannot be overlooked just because he or she lost the election. Such a party must be given the honour of oversight in governance and the right to constitute an alternative government. The leader of such a party would to be in parliament to lead his troops. In the wake of “the handshake” the importance of this office is clear to all and sundry. There must be visible oversight.
The writer chaired the Committee of Experts that drafted the current constitution. Read his entire commentary on Weekend Star
