Kenya – Revision of revised draft constitution

As reported in a previous post, in Kenya the Committee of Experts on the Constitutional Review presented a Revised Harmonized Draft Constitution to the Parliamentary Select Committee (PSC) at the beginning of January. The 26-member PSC then went on an 11-day retreat in the town of Naivasha in the Rift Valley to consider the proposals.

The PSC has now finished its deliberations and has handed back a revised document to the Committee of Experts. This Committee will now consider the proposals and will then produce a final draft that will be presented to parliament. According to a report in the Sunday Nation, the Committee of Experts can amend the PSC document, except in relation to four contentious areas, one of which is the structure of the executive. If so, then it appears that whether or not Kenya remains semi-presidential was in the hands of the PSC in Naivasha.

Well, reports suggest that the PSC has agreed unanimously to adopt a presidential system. I have been unable to obtain a copy of the PSC document, but the Sunday Nation is reporting that the post of prime minister is being scrapped in the new constitution. The reports suggest that the PSC has tried to ensure that the parliament and the judiciary will act as a check on the president, thus avoiding any claims of an ‘imperial presidency’. In addition, they have recommend that elections not be held concurrently and that legislative elections precede presidential elections by a number of months. However, all versions of semi-presidentialism have been rejected.

If I can find documentation, then I will update the post.

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