Parliamentary or Power sharing

By Standard Team

The road to a new constitution has already hit rough waters over the system of governance to be adopted.

Politicians and other stakeholders are headed for a major disagreement over what political system the country should adopt.

They are split mainly over two options — a parliamentary system (where the prime minister is head of government) or a hybrid one that combines both parliamentary and presidential as currently spelt out in the Government Grand Coalition.

Few have vouched for the long-established Presidential system that concentrates immense power on the president’s office, an indicator that President Kibaki could be the last to enjoy such vast powers.

Two crucial Bills to jump-start the constitutional review are before Parliament as the clock ticks towards the deadline for a new constitutional dispensation by the end of next year.

With political bigwigs having one eye trained on the 2012 general election, most politicians appear to lean towards a system that would accommodate alliances and regional interests.

Such a solution, for politicians, lies in either a parliamentary or a hybrid system of governance.

Wide-ranging views by politicians and religious leaders point to the looming trouble that would rock the process when it comes up for debate.

Religious leaders joined the row with Anglican Archbishop Benjamin Nzimbi rooting for the hybrid system.

“Kenyans are used to a Presidential system and moving directly to a Parliamentary system may be very unfamiliar for them. It is better to move gradually and hybrid is a good middle ground,” Nzimbi said.

Muslim leaders remained non-committal but promised to issue a comprehensive statement today. “We will give a statement tomorrow (today) after consultations,” said Prof Abdulgafur Elbusaidy, Supkem Chairman.

At the core of differences is the composition of the Executive, which caused a rift at the Bomas constitutional conference, leading to the defeat of the Wako Draft in the November 2005 referendum.

Seven Rift valley MPs have announced plans to table a motion in parliament to push for the creation of the parliamentary system of government that would be headed by the Prime Minister.

Led by Agriculture Minister William Ruto, the ODM MPs said in the proposed system, the president will be appointed by a legally constituted body whose functions will be ceremonial.

“We have to put in place a new system of government borrowed from the Australian system where the PM will be the head of government while the president will perform ceremonial functions,” Ruto added.

Leaders accompanying Ruto at Momoniat Primary School in Kipkelion District during a peace road rally largely concurred with his view.

Even though ODM as a party was yet to make a resolution, MPs allied to it widely prefer a Parliamentary system.

Said Prof Anyang Nyong’o, the ODM Secretary General, “The party is yet to reach consensus on this.” ODM had for a long time advocated for a parliamentary system.

But ODM Kenya has been advocating for a hybrid system while Ford Kenya has resolved to support a Parliamentary system.

Hybrid system

ODM-Kenya Secretary general Mutula Kilonzo said the party supports the hybrid system of governance along the Bomas draft.

“Presidential and parliamentary systems of governance are not healthy for the nation since they worked against smaller communities,” he said. But PNU, whose leaders were in 2005 opposed to an executive PM, remained elusive and said the party was yet to come up with a common stand.

Justice Minister Martha Karua whose docket is charged with the process of co-ordinating the Constitution review said she would not give a particular preference to any system of governance, saying Kenyans have the ultimate say on the matter.

Karua said the decision to stick to the presidential or a paradigm shift towards parliamentary system was a matter that should be left to Kenyans to decide when the constitutional review process begins.

Senior Counsel and Safina Party leader Paul Muite says Kenya must decide to go either fully presidential or parliamentary, arguing that the hybrid systems were prone to conflict of interests.

“The hybrid system is a potential for conflict as we have seen in the first few months of the coalition. Kenyans must decide on a working and effective system that pulls in one direction. Personally I prefer a Parliamentary system,” Muite said.

But Assistant Minister Mwangi Kiunjuri and Mathira MP Ephraim Maina said they supported the parliamentary system, but with a rider — constituency boundaries in Central Province should be reviewed to ensure fair representation in parliament.

The two said that Central Kenya has suffered a major injustice in representation arguing that despite its constituencies having many registered voters, the region had few constituencies and thus a handful of representatives in the house.

MPs Eugene Wamalwa (Saboti), Dr David Eseli (Kimilili), Cyrus Jirongo (Lugari), Yussuf Chanzu (Vihiga) John Pesa (Migori) and Olago Aluoch (Kisumu Town West) supported the Parliamentary system

“The Bomas Draft which advocates for Parliamentary system should be adopted because this were the views of majority of Kenyans,” said Dr Noah Wekesa of PNU.

Wekesa said his comments on the matter are personal views and not PNU’s.

Wamalwa said that there was need to revert to the Parliamentary system that the country adopted at independence.

He added that Kenyans’ dreams of having good governance would be achieved if powers of the executive were vested in Parliament.

“This system of winner takes it all has hurt this country. It has promoted tribalism, nepotism and corruption and should be done away with in the new constitution,” said Wamalwa.

Olago, Chanzu, Eseli and Jirongo said the Prime Minister must be held accountable to Parliament.

Courtesy of:Courtesy of:www.eastandard.net