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Africa02 August 2024 - 09:44

Tuesday leader: Wait before changing the 2010 Constitution

It is premature to change the constitution now to have an executive Prime Minister and a ceremonial President

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by The Star
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In America 'originalists', including Supreme Court judges, believe that nothing should be changed in the US constitution as the founding fathers knew best when they created it.

That is going a bit too far (after all the 13th Amendment abolished slavery) but, as a general principle, constitutions should only be amended where absolutely necessary.

A deal seems to be underway between opposition leader Raila Odinga and President William Ruto whereby ODM  gets Cabinet positions and amendments are made to the 2010 Constitution.

Apparently Raila wants to revert to the Westminster system originally proposed in the Bomas Draft where MPs elect the Prime Minister who is the executive head of government.

In theory, this makes the PM more accountable because he or she can easily be changed by MPs but at the same time term limits are lost. The executive PM can be there forever with just a ceremonial president, so long as MPs agree.

Recently, a Kenya Kwanza MP proposed that term limits be lifted so that a Kenyan president can remain in power indefinitely.

It is premature to change the constitution now. We should not make hasty decisions now that we will regret later.

Quote of the day: "There is nothing politically right that is morally wrong."

Daniel O'Connell
The Irish politician was born on August 6, 1775

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