The national dialogue committee has proposed nine bills with sweeping amendments to the Constitution, in a bid to implement its recommendations.
In the documents tabled in Parliament, the committee has drafted Constitution of Kenya (amendment), Bill, 2023 to anchor various offices, funds, reforms and to extend the term of the Senate.
The offices include, Office of the Prime Minister, Office of the Leader of Opposition and two deputies.
“The constitution is amended by inserting a new article immediately after article 151; That there is established office of the Prime Minister,” the draft Bill states.
The Bill amends various Articles of the Constitution to create and anchor Senate Oversight Fund, National Government Affirmative Action Fund and National Government – Constituency Development Fund in the constitution.
“There is established the senate oversight fund, which shall be a national government fund consisting of monies appropriated from the national government’s share of revenue,” the bill states.
The Bill amends Article 102 to extend the term of the senate from the current five years to seven years.
“The term of a house of parliament expires on the seventh year from the date of the last election, in the case of the Senate,” The Bill reads in part.
IEBC (Amendment) Bill, 2023 that among others proposes changes to the IBEC selection panel and provides procedure for delimitation of the electoral boundaries is another bill fronted by the committee.
“The Bill seeks to amend the first schedule to the IEBC No. 9 of 2011 to increase the number of members of election panel from seven to nine in order to accommodate a wide spectrum of stakeholders and interest groups,” the Bill states.
The Bill also provides that the decision of the commission shall either be by a unanimous decision or by a majority of the commissioners.
In the last election, retired chairman Wafula Chebukati was on the spot for declaring presidential results without ‘consulting’ majority of the members.
Others are Elections (Amendment) Bill, 2023, Elections Offenses (Amendment), Bill, 2023 and the Ethics and Anti-Corruption Commission (Amendment) Bill, 2023.
Statutory Instruments (Amendments) Bill, 2023, Political Parties (Amendment) Bill, 2023 and the National Government Coordination (Amendment) Bill, 2023 have also been drafted.
The committee also drafted a new bill Leader of Opposition Bill, 2023 which provides the nitty grities of the office.
All the draft Bills are sponsored by Majority leader Kimani Ichung’wa and his Minority counterpart Opiyo Wandayi.
Ichung’wa was the co-chair of the committee that was formed after months of opposition protests over alleged electoral malpractice and high cost of living.
Wiper boss Kalonzo Musyoka was the other co-chair of the panel.
Wandayi was a member of the talks team.
Despite the proposed sweeping amendments, President William Ruto and opposition chief Raila Odinga’s allies have clashed on how to institute the changes.
While Ruto and his troops have maintained that the changes will be made by parliament's two-thirds majority votes, Raila and his men have been pushing for a referendum.
Both senators and members of the National Assembly are currently debating the report.
If they approve the reports, they will embark on the rigorous exercise of considering the bill drafted by the committee to implement its recommendations.
In the Elections (Amendment) Bill, 2023, the committee proposes new procedures for auditing a voters’ register.
“The Bill proposes to amend section 6 of the Act which provides for inspection of register of voters by members of the public and rectification of particulars of voters,” the Bill states.
In the Election Offenses (Amendment), Bill, IEBC staff are barred from holding elections in ungazetted polling stations.
“Further, the clause creates for members and staff of the commission who unreasonably delay in declaring results or knowingly alter declared election results,” the Bill reads
