The drumbeats of constitutional change have thrust the Bomas Draft of 2004 at the centre of focus amid indications some of its proposals could be livened up in new push for law change.
ODM leader Raila Odinga championed the document in his fresh campaign that the anticipated national conversation could usher in a constitutional review.
While saying it is time for Kenya to relook at the 2010 Constitution to address the existing gaps, Raila endorsed the Yash Pal Ghai-led document.
He said while Kenyans gave their views on how they wanted to be governed, the views were mutilated in the final draft.
"The country must go back to the Bomas draft constitution which was bastardised during the Naivasha process,” Raila said.
“Put it back on the table and see what needs to be cleaned up so that we can have a progressive constitution.”
Raila’s campaign for the Bomas Draft of 2004 is gaining support, with more political quarters fronting it as the silver bullet for the country’s constitutional woes.
Former Public Service Cabinet Secretary Moses Kuria is among notable figures who have supported calls for a revisit of the Bomas document.
“Over the past 19 years since the rejection of Bomas, we have gone in circles with artificial experiments like grand coalition, handshake and now broad-based government. We have skirted around to avoid the inevitable. I will provide my full devotion and commitment towards a national constitutional conference towards the Bomas Draft," Kuria said.
The Gen Z protesters also vouched for a review of the governance structure to cut off excess fat in the public service.
With the growing support for the draft, a relook at its proposals is likely to take centre stage in the constitutional review campaign.
Bomas Draft had proposed a governance system with a president, a deputy president and a prime minister.
It recommended a parliamentary system of government where the PM is the head of government, by being the head of the largest party in the national assembly.
The draft constitution suggested that the persons nominated as ministers be from among members of Parliament, but elevated the president to be one elected directly by the people.
It attempted to create a President who was not a member of any political party as a symbol of national unity.
Under the Bomas Draft, the President was to appoint the leader of the largest party in the National Assembly as the Prime Minister.
Where such a person is rejected by MPs, the president was to propose leader of the second largest party and a fresh election was to be called had MPs failed to agree.
Bomas stated the PM would preside over the Cabinet appointed by the President on the PM's recommendation.
The PM was to report to Parliament and would be removed by the August House and not the President.
Bomas law also provided that the President, deputy president or any appointed state officer may not hold office in a political party.
The Cabinet was to consist the PM, two PMs, as well as not less than 15 ministers and not more than 20 deputy ministers.
On devolution, the proposed law created a district as the principal level of devolved government.
It sought to establish a regional government consisting of a regional legislative assembly and a regional executive.
At least 14 such regions were to be created including Nairobi which was to be managed as a metropolitan capital city and was to be under an Act of Parliament.
Region one covered Kwale, Mombasa, Taveta Kilifi, Lamu, Tana River and Malindi while Region two had Makueni, Machakos, Kitui and Mwingi.
Region three consisted of Meru Central, Meru South, Meru North, and Tharaka while Region four was to cover Mbeere, Embu, and Kirinyaga.
Isiolo, Marsabit, and Moyale were to form Region five, while Region six was to include Garissa, Ijara, Mandera and Wajir.
Region seven had Kajiado, Narok, Trans Mara, and Kuria whereas Kisii Central and Gucha Nyamira were to be under Region eight.
Teso, Bungoma, Busia Lugari, Kakamega, Vihiga and Butere were under Region nine with Turkana West, Pokot, Marakwet, Trans Nzoia, Mt Elgon, Keiyo, Uasin Gishu, Nandi North and Nandi South under Region 10.
Region 11 comprised Kericho, Bureti, Bomet, Baringo, Koibatek, Nakuru, Samburu, and Laikipia districts where Kisumu, Bondo, Nyando, Siaya, Suba, Rachuonyo, Homa Bay, and Migori districts were under Region 12.
Region 13 comprised Kiambu, Thika, Muranga, Maragua, Nyandarua, and Nyeri districts while Nairobi [Region 14] was to cover Westlands, Kasarani, Langata and Embakasi.
The regions were to be headed by a premier and a deputy elected by an electoral college comprising elected members of the district.
A district government was to consist of a district council consisting members elected from wards and a district executive.
A district governor and deputy district governor were to be elected by voters residing in a district for a term of five years, renewable once.
Bomas Draft also sought to create a locational government consisting a locational council and locational executive.
A parliamentary committee is slated to embark on a series of meetings starting this week to implement the Nadco report.
Central to its agenda would be a review of the constitution and it is expected they will borrow heavily from the Bomas process.
National Assembly Speaker Moses Wetang'ula has granted the justice committee up to September 14 to consider laws proposed under President William Ruto and Raila Odinga’s dialogue process.
Wetang'ula allowed the Tharaka MP George Murugara-led team the authority to sit without their Senate counterparts to speedily consider the laws among them setting the stage for a change of the constitution.
In his urgent call, the Speaker said there was immense public interest in the actualisation of the Nadco report, spurring the committee into action.
Wetang'ula’s directive highlights how the clamour for constitutional change is set to gather momentum in the coming days.
Under Nadco, there is a bid to introduce the post of PM, Leader of Official Opposition and staggering of National Assembly and Senate elections.
The Constitution of Kenya (Amendment) Bill, 2023, under the NADCO process also seeks to entrench CDF into law, create a Senate oversight fund and resolve the gender rule debacle.
The Kalonzo Musyoka and Kimani Ichung’wah-led process further seeks to entrench party discipline and give the Senate a term of seven years.
Similar suggestions were in the Bomas Draft, which also sought to establish offices of controller of budget, auditor general and a national revenue authority.
It also created a teachers service commission, a health services commission, a national environment commission and a national commission on culture.
These were besides the police, judicial, parliamentary and public service commissions. An electoral and boundaries commission, SRC, NLC and human rights commissions were also suggested.
The key national security organs spelt by the Bomas piece include the KDF, NIS, Kenya Police Service and Administration Police Service.
The four levels of government – national, regional, district and locational governments, had distinct roles.
Only national and district governments had taxation powers in the dispensation Raila wants Kenyans to return to.
