• Uhuru said on June 1 that a referendum is in the offing.
• BBI team set to present its report next week to Uhuru as its term comes to an end.
Image: PSCU
The much-anticipated BBI report might expand the Executive and create a Prime Minister's office with executive powers, the Star has learnt.
The Star understands that the report recommends a radical departure from the initial report launched in November 27, 2019.
President Uhuru Kenyatta and ODM leader Raila Odinga have already been briefed and their teams are preparing for the official handover next week.
Sources familiar with the ongoing discussions tell the Star that the taskforce could propose an Executive similar to that in the Bomas Draft.
This would mean that there would be a President, Deputy President, Prime Minister and Cabinet Ministers forming the national Executive.
There is also a proposal to have two Deputy Prime Ministers and reintroduction of Assistant Ministers to be referred to as Deputy Ministers.
Unlike the previous report of the BBI, the Star understands that this one would give the Prime Minister executive authority.
The proposal is aimed at satisfying President Uhuru Kenyatta's desire for inclusivity that informed the handshake with ODM leader Raila Odinga in 2018.
Raila has been insisting that the Executive should be structured in a manner similar to the Bomas Draft proposal.
The Bomas draft had proposed the office of the President who is the Head of State, Commander in Chief and Chairperson of the National Security Council.
In that draft, the Prime Minister would be appointed by the President and would nominate two deputies for appointment by the head of state.
The President would also appoint 15 to 20 ministers who would be nominated by the Prime Minister. The ministers are to come from in and out of Parliament.
"The BBI taskforce has seen this as the best compromise that brings more people on board but there is a proposal that the Prime Minister would be elected by Parliament. But there is agreement that the Prime Minister should be Head of Government," one source told the Star.
Other sources say the manner in which the appointment is done is the current bone of contention as the BBI prepares to hand over its report to Uhuru next week.
"But if you look at the Bomas draft, there was a clear process on the appointment of the Prime Minister where Parliament had a say by voting for one of their own as proposed by the President. This may be the best route to take," another source told the Star.
In the Bomas Draft, the President was to appoint the MP who is the leader of the largest party or coalition in the National Assembly.
The MPs would then vote, with the appointment passing if 50 per cent of the House approves.
"When you look at it critically, the Bomas Draft gave a lot of room for negotiated democracy in regards to the Prime Minister. For instance, that system would have easily allowed Uhuru to appoint an ODM MP as Prime Minister thus making the losing side part of government," our source said.
As head of government, the Prime Minister shall coordinate the work of all ministries and be answerable to Parliament.
The Prime Minister will also chair Cabinet meetings and will have the responsibility of making appointments to public offices and reassigning duties.
In the Executive, the Star understands that the taskforce is also suggesting that the roles and functions of the Deputy President be well articulated in the Constitution.
The thinking here is that the current stipulation only says that the DP is the principal assistant to the President, with no specific roles assigned.
On Parliament, the Star understands that the BBI is making two key proposals to enhance equitable representation and achieve the two-third gender representation.
One of the proposals is to have special seats allocated to the densely populated areas, which has been a key issue for Uhuru's Mt Kenya backyard.
Mt Kenya leaders have been demanding that a change of the system of government will disadvantage them.
They have been demanding for the principle of 'one person, one vote, one shilling' which would ensure equitable representation and distribution of resources.
Nominated MP seats would then be allocated to parties depending on their strength in Parliament.
The other proposal is to remove nominated senators as enshrined in the current Constitution and instead have each county vote for a man and a woman.
There is also a proposal to return the position of Leader of Opposition in Parliament whose office is financed by the taxpayer.
As in the first report, the IEBC has not been spared. Their proposal is to immediately start the process of replacing the current commissioners.
The IEBC Act is to be changed to allow political parties to be directly involved in the appointment of the commissioners, instead of using a selection panel.
The Star also understands that the current devolution structure remains but with a proposal to revert Agriculture and Health to the national government.
As proposed in the first BBI report, there is a proposal that Nairobi reverts to the national government, leaving the country with 46 counties.