Constitution is okay, Miguna responds to Ruto proposal

Lawyer Miguna Miguna has said Kenya's Constitution is not defective in any way and does not require any amendments.

In an apparent response to President William Ruto, Miguna said all that is required is the unfettered implementation of the document.   

"I will say it for the avoidance of doubt. There is nothing wrong with the Constitution. No defect. No errors. Nothing that requires amendments or mutilations. The Constitution requires honest and consistent implementation, application and respect. Period!" Miguna said.

Former Chief Justice Willy Mutunga in his response to Miguna's tweet concurred with his sentiments but opted to say so through emojis.

In a memo to the Senate and National Assembly speakers, Ruto asked the House leadership to initiate constitutional amendments to "enrich Kenya's democratic experience."

While pointing out that he understands the court's verdict that the President cannot initiate Constitution changes, Ruto said it's paramount to explore opportunities that will enhance institutional capacities and actualise the nation's expectations.

"A number of these opportunities call for measures to adjust the constitutional framework," Ruto said.

Miguna, however, said constitutional change was not the platform on which the president was elected saying it's an avenue to mutilate the document.

Ruto was a harsh critic of the Constitution amendment process under the Building Bridges Initiative (BBI) which the Supreme Court termed as null and void. 

But in his plea, the president said the changes will strengthen parliamentary oversight of the executive. 

"Broadly, the matters in which I seek these purposive interventions are implementation of the two-thirds gender rule, Constituency Development, Senate Oversight and National Government Affirmative Action Funds, the position of the leader of the official opposition and Parliamentary oversight of the executive," Ruto said in the memo.

He said, for instance, the Constitution failed to define the role of the minority side which is supposed to provide checks and balances against the government of the day.

He said it is for this reason that the constitution needed to be amended to establish the position of official opposition leader.

"I believe that the idea of the official opposition, above and beyond mere minority parliamentary leadership, makes tremendous sense in terms of institutionalising governance, strengthening oversight and deepening democracy. 

"The time has come for us to explore the possibility of remedying this shortcoming," Ruto said. 

"I, therefore, propose that Parliament consider an amendment to Chapter nine, Part IV of the Constitution to establish the leader of the office of the leader of official Opposition."

Earlier, Law Society of Kenya President Eric Theuri asked Kenyans to reject attempts aimed at amending the Constitution.