After a long process of drafting by a Committee of Experts, the proposed new Constitution for Kenya has been unveiled. There is a now a one-month period for debate and then the Committee has 21 days to incorporate any amendments. More details here.

From a semi-presidential perspective the draft is very interesting. One of the questions that the Committee was expressly asked to consider was whether there should be a presidential, parliamentary, or ‘mixed’ system. (Official documentation here). Well, it seems as if the committee has firmly opted for a semi-presidential system.

The draft of the new constitution is available here. Here are the salient details:

Art 162-1 “The election of the State President shall be by direct adult suffrage through a secret ballot”.
Art. 179-1 “There shall be a Prime Minister of the Republic, who shall be the Head of Government.”
Art. 179-2 “The Prime Minister shall direct and co-ordinate the work of the ministries and the preparation of legislation, and is responsible to Parliament.”
Art. 180-1 “Within seven days following the summoning of the National Assembly after a general election, or whenever necessary to fill a vacancy in the office of Prime Minister, other than on the occasion of a vote of no confidence, the State President shall appoint as Prime Minister—
(a) the member of the National Assembly who is the leader of the largest political party or coalition of parties, represented in the National Assembly; or
(b) if the leader of the largest party or coalition of parties has been unable to command the confidence of the National Assembly, the member of the National Assembly who is the leader of the second largest political party or coalition of parties represented in the National Assembly.”
Art 180-5 “Within seven days of the Speaker receiving a proposal from the State President, the Speaker shall call a vote in the National Assembly to confirm the appointment of the person proposed by the State President.”
Art 186-1 “A member of the National Assembly supported by at least a third of all the members may, at any time during a sitting of the National Assembly, propose a motion of no confidence in the Prime Minister.”
Art. 186-2 “If the National Assembly, by a resolution supported by the votes of more than half of all the members, passes a motion of no confidence in the Prime Minister, the Prime Minister shall submit to the Speaker of the National Assembly notice of the Prime Minister’s resignation and that of the Deputy Prime Minister, the Cabinet Ministers and the Deputy Ministers.”
Art. 186-4 “The State President shall not dismiss the Prime Minister, the Deputy Prime Minister, a Cabinet Minister and a Deputy Minister in any circumstances, other than those contemplated in this Article and Article 185.”

So, the draft constitution is clearly semi-presidential. Moreover, the last clause cited shows that it is clearly premier-presidential.