CONSTITUTION AMENDMENT

Gachagua targeted in proposed election bill

The bill proposes that a deputy president becomes ineligible to vie for president

In Summary
  • Also to be affected are governors who have served their two constitutional terms as they will be barred from running for the senatorial seat.
  • The group also wants the position of a super senator created.
Deputy President William Ruto during a past event.
ELECTION LAW: Deputy President William Ruto during a past event.
Image: File

A deputy president may permanently be blocked from vying to be the president if a new proposal to amend the Constitution sails through.

Also to be affected are governors who have served their two constitutional terms, as they will be barred from running for the senatorial seat.

The proposals are part of the changes that a lobby, Operation Linda Gatuzi, is seeking to have introduced and entrenched in the Constitution.

This means should be the push becomes successful, DP Rigathi Gachagua may run for any other elective seat but not that of the president once Ruto completes his term in office.

“This bill offers Kenyans a unique and well informed opportunity to enact constitutional reforms, to strengthen the governance of our democratic institution and devolved structure of governance,” the document reads.

The group launched a national drive aimed at collecting one million signatures for the amendments on Monday.

It seeks to raise the signatures by June next year.

Fred Ogola, a governance expert said the bill will among other benefits entrench a culture of constitutionalism and accountability in the civil service.

The architects want Article 137 of the Constitution on qualifications and disqualifications for election as the president amended such that a person who has served as a deputy president becomes ineligible to vie.

In an abridged version of the Constitutional amendment Bill, the lobby is also pushing to have 30 clauses revised through a popular initiative.

Members of county assemblies are also set to win big should the proposal becomes successful as it will see a ward development fund established with an allocation to counties being increased to 35 per cent.

Creation of the position of a super senator, increase in university allocation to 15 per cent of national budget and establishment of independent commissions to handle issues pertaining youth, PWDs have also been proposed.

A doctors' commission to deal with issues of doctors has been fronted.

Amendment of the Constitution through a popular initiative is provided for under Article 257.

After collection of one million signatures, the promoters will formulate it into a draft bill and submit to IEBC, which will then verify to ensure it meets the necessary requirements.

If it passes the test, the commission will transmit it to each county assembly for consideration within three months after the date it was submitted by the commission.

“If a county assembly approves the draft bill within three months after the date it was submitted by the commission, the speaker of the county assembly shall deliver a copy of the draft bill jointly to the Speakers of the two Houses of Parliament, with a certificate that the county assembly has approved it,” the provision reads.

If a draft bill has been approved by a majority of the county assemblies, it shall be introduced in Parliament without delay.

A bill under this Article is passed by Parliament if supported by a majority of the members of each House paving way for the president to assent it as a law.

If either House of Parliament fails to pass the bill it will be subjected to a referendum.

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