Kenya has found itself grappling with a political crisis this week, after the National Constitutional Conference voted to have the country’s new Constitution strip the president of his powers -‒ and transfer them to a Prime Minister.
The 629 delegates at the conference (referred to as the NCC) have been discussing the draft of a new Constitution since April last year. They include government ministers, members of parliament, representatives from civic groups, the religious community and others.
The NCC’s decision on march 15 means that Kenya’s Prime Minister — in a newly-created post — will nominate cabinet ministers, assistant and deputy prime ministers. These officials will then be appointed by the President.
Various government delegates who are fiercely opposed to a weakened presidency walked out of the NCC over the issue — while government later withdrew from the Constitution making process completely.
Led by vice-president Moody Awori and Justice and Constitutional Affairs Minister Kiraitu Murungi, the delegates protested the rejection of a report by a consensus building committee, chaired by Bishop Philip Sulumeti. This report had proposed a system in which the prime minister had some authority, but the presidency retained most of its powers.
“Unless the Sulumeti report is debated, amended and adopted; unless the votes that have been taken before are declared null and void, and unless (a) secret ballot is adopted as the method of voting, we are withdrawing from this conference,” Murungi warned.
The NCC voted by show of hands. Attempts by government to have a secret ballot were rejected because of fears of vote rigging.
However, the departure of Awori and his colleagues could not keep the remaining 340 delegates, led by Kenya Constitution Review Commission chair Yash Pal Ghai, from swiftly voting on the contentious clause that dealt with the executive. The entire draft is scheduled to be adopted on March 19.
Government’s withdrawal from the review process has raised questions over its stated commitments to provide Kenya with a new Constitution.
When the National Rainbow Coalition (NARC) government came to power in December 2002, it promised the country a new Constitution within the first 100 days of its term in office. In December last year, President Mwai Kibaki extended this deadline to June 30, 2004.
Those cabinet ministers who refused to walk out of the NCC included Gender and Sports Minister Najib Balala, and his Roads and Public Works counterpart Raila Odinga. They voted with the rest of the delegates, strengthening reports of a rift in Kibaki’s administration.
Odinga, one of the foremost proponents of constitutional reform, refused to comment on the dramatic events at the conference. “I cannot talk on government’s action,” he said.
The constitution-making process has pitted Odinga’s Liberal Democratic Party (LDP) against its main partner in the ruling coalition, the National Alliance Party of Kenya (NAK) -‒ headed by Murungi.
The two men have resorted to bickering and name-calling in their dispute over the draft.
Odinga, who enjoys massive support amongst NCC delegates and the Kenyan public, is seen as a likely candidate for the Prime Minister’s post.
NAK, which includes politicians with close ties to the president, would benefit from an extension of the status quo.
Certain political analysts have taken a dim view of the government’s actions.
“We are beginning to slide back to dictatorship, given the language being used,” observed Mitch Odero, in reference to Murungi’s demands about the Sulumeti report.
The draft Constitution is scheduled to be given to Attorney General Amos Wako on Friday. He will then package it in a bill, and present it to parliament within seven days.
The legislature had been scheduled to re-open next week, but on Wednesday night Kibaki postponed this to March 30 — reportedly to give government time to craft a response to the constitutional dispute.
Earlier this month, NARC tabled two new bills which some analysts fear may be used to alter the draft Constitution. Under present legislation, parliament is obliged to accept or reject the draft presented by the NCC in its entirety, without making amendments.
However, the Constitution of Kenya (Amendment) Bill proposes a national referendum on the document.
The Constitution of Kenya Review (Amendment) Bill, in its turn, opens the door for parliament to alter the draft. It’s a law that political scientist Mutahi Ngunyi believes government will have no problem in passing. “All the government needs is a simple majority of 78 parliamentarians, which it can easily marshal,” he said.
Efforts to modify the Kenyan president’s role stem from concerns that the concentration of power in the head of state’s office has led to abuses in the past. – IPS