Radical changes proposed for government

Kenya should drastically reduce presidential powers by introducing the post of executive prime minister and a two-chamber parliament, according to the Constitution of Kenya Review Commission. In its draft of proposals for a new Kenyan constitution, the Commission said it had made recommendations which departed in "radical ways" from the present one. The Commission "believes that these radical departures are necessary to find directions to national unity, economic and social development, the dignity of individuals and communities, and social justice", said its draft report, published in the 'Daily Nation' on Thursday. In a major departure from the present constitution, the draft report proposes that the prime minister be elected by a national assembly, and be a member of the party with most popular votes nationwide. It also proposes that most of the executive powers be exercised by the prime minister, two deputy prime ministers, and 13 non-elected cabinet ministers appointed on the basis of professional ability and experience. If the draft is approved by parliament, the president - arguably the main power broker in Kenyan politics at present - would be charged with carrying out "special responsibilities", including those relating to national unity and safeguarding the constitution. "We have tried to produce the constitutional framework for a just and humane society - to deal, among other objectives, with poverty and corruption," Professor Yash Pal Ghai, chairman of the commission was quoted as saying by the BBC when launching the report on Wednesday. The present constitution, which gives the president extensive powers, was drawn up at independence in 1963, and draws heavily on English law, although it has been amended more than 30 times, according to the Economist intelligence Unit (EIU). Current governmental arrangements mean that the full cabinet meets infrequently, and government policy is directed almost exclusively through the office of the president, which has the largest departmental budget and directly controls key areas of security and defence, the EIU said. The two chambers being proposed in the draft report would be called the National Assembly and the National Council. The National Assembly would comprise 210 elected MPs plus 90 others to be nominated by the political parties, whereas the National Council would be made up of one member from every district (currently numbering about 70), plus 30 others nominated by political parties. The draft report also proposes that the current local authorities be scrapped and replaced with provincial, district and village councils whose members would be elected directly by the people. In order for Kenya's upcoming general elections to be held under the new constitution, Ghai recommended that the polls be held in March or April 2003, rather than in December of this year, as originally scheduled. This would "ensure that adequate time is available for civic education on the new constitution, voter education on the new electoral system, and the administrative arrangements for the election", the commission said in the report's conclusion. The potential impact of the proposals on the current presidential race are unclear. Although the ruling Kenya African National Union (KANU) party of President Daniel arap Moi has yet to officially select a presidential candidate, Moi has declared Uhuru Kenyatta, son of Kenya's first president Jomo Kenyatta, as his preferred successor. However, KANU Secretary General and former opposition activist, Raila Odinga, has also declared his candidacy for the KANU presidential nomination. Meanwhile, the main opposition grouping National Alliance Party of Kenya (NAK) on Wednesday announced that veteran politician Mwai Kibaki would stand as its presidential candidate in the forthcoming elections, the 'Daily Nation' reported. Kibaki has already fought and lost two presidential polls, coming third in 1992 and second in the last elections in 1997. He also served as Moi's vice-president between 1978 and 1988. The NAK is an alliance between 14 opposition parties - the three main ones being Kibaki's Democratic Party, Kijana Wamalwa's Forum for the Restoration of Democracy-Kenya, and Charity Ngilu's National Party of Kenya. NAK also announced that Wamalwa would vie for the Vice-Presidency, and Ngilu would look to secure the post of prime minister.