An ally of ODM leader Raila Odinga has said all bills intending to create the office of the official opposition leader that have been published are unconstitutional.
Homa Bay Town MP Peter Kaluma said the office can only be created by amending the Constitution to have a parliamentary system of government.
Speaking on Thursday, Kaluma said whoever is behind the bills is also seeking to create the office of the Prime minister, which can only be done through a referendum.
"The Bills published to establish the position of official leader of the opposition are all vain and unconstitutional. The current Constitution establishes a presidential system of government in which there is no opposition but Minority party in government. In the Presidential System, the role of the Opposition is performed by Parliament as a whole," he said on Twitter.
"Those who want to create the Office of the official leader of the opposition should seek to amend the Constitution to institute a parliamentary system of government. Such Bill will also create the Office of the Prime Minister, which is the proponent's end game! You can't amend the Constitution through an Act of Parliament. And Referendum is a must."
The MP's remarks come ahead of the planned tabling of the bills on Thursday, with proposals from President Ruto seeking to create the position and have it anchored in law.
During a Kenya Kwanza Parliamentary Group meeting, Ruto asked MPs to rally behind the proposal which would make the minority side more effective in keeping the government in check.
Ruto has always insisted on having an effective opposition to keep his government in check, while at the same time ruling out any possibilities of a handshake like it was with the previous regime.
The Azimio coalition is also expected to table its proposals on the creation of the office on Thursday.
