- President William Ruto plans to expand Parliament to accommodate the Leader of the Official Opposition and the deputy.
- That would see Azimio boss Raila Odinga and his deputy Martha Karua lead their troops in Parliament.
Image: FILE
Attorney General Justin Muturi has revealed how President William Ruto plans to expand Parliament to accommodate the Leader of the Official Opposition and the deputy.
First, the AG says, the law will be tinkered with to increase the number of MPs to 418 and have the runner-up and the deputy as automatic MPs.
In a legal change that Muturi argues does not require a referendum, the Constitution will be amended to designate the runner-up in a presidential poll and the deputy as the minority leader.
The AG, the government's chief legal adviser, says that if the plan sails through, then that would see Azimio boss Raila Odinga and his deputy Martha Karua lead their troops in Parliament.
The pair came second after President William Ruto and Rigathi Gachagua in the last presidential general election.
"It is possible and we do not need a referendum," Muturi told the Nation on Friday.
“We can tinker a bit with Article 108 to have the person who comes second in the presidential polls become the minority leader in the National Assembly and the running mate the minority in the Senate.”
Article 108 of the Constitution states: “There shall be a leader of the majority party and a leader of the minority party.”
It explains that the leader of the majority party shall be the person who is the leader in the National Assembly of the largest party or coalition of parties.
The leader of the minority party shall be the person who is the leader in the National Assembly of the second largest party or coalition.
Then, the MPs will amend the section that provides for the hierarchy in the National Assembly and the Senate.
'The following order of precedence shall be observed in the National Assembly; the Speaker, the leader of the Majority party and the Leader of the Minority Party," reads the Constitution.
Muturi argued that the runner-up and the deputy will be well facilitated to keep the government in check.
“The offices of the majority and minority are heavily facilitated by the Parliamentary Service Commission (PSC). The second presidential candidate in the last general election can take up the minority leadership slot in the National Assembly and their running mate the same slot in the Senate,” Muturi said.
This means that the number of members in the National Assembly will increase from 349 to 350 and 67 to 68 in the Senate, bringing the total number of MPs to 418.
"Now this arrangement will ensure we have a true opposition in Parliament,” Muturi said.
Muturi served as Speaker of the National Assembly between 2013 and 2022.
The former speaker is relying on the interpretation that his proposal does not alter the function of Parliament, a key ingredient for a referendum.
“A proposed amendment to this Constitution shall be enacted in accordance with Article 256 or 257 and approved in accordance with Clause (2) by a referendum, if the amendment relates to the functions of Parliament,” reads Article 255(1) (h) of the Constitution.