Lawmakers allied to President Uhuru Kenyatta and Orange Democratic Movement (ODM) leader Raila Odinga have differed sharply over a proposal to reduce the powers of the Deputy President and splitting the position into two.
The Bill, which is sponsored by Ndaragwa MP Jeremiah Kioni, will be tabled for first reading when Parliament resumes on November 9.
Mr Kenyatta’s allies have finished drafting the Constitution of Kenya (Amendment) Bill, 2021 that also seeks to give the president powers to appoint and dismiss his deputy.
Lawmakers allied to Mr Odinga have vowed to oppose the bill in Parliament and during a referendum if it gets there.
Mr Kioni, who is also the National Assembly Constitution Implementation and Oversight Committee (CIOC) chairman, wants the president to have powers to drop the deputy at will.
“The principal objective of this bill is to amend the Constitution to enable the president appoint and dismiss the deputy president and create the positions of prime ministers and two deputy prime ministers,” it reads.
Analysts see the bill as an attempt to end a stalemate like the one being witnessed between President Uhuru Kenyatta and Deputy President William Ruto.
The two have not been on the same political trajectory since the March9, 2018 handshake between Mr Kenyatta and Mr Odinga.
“The President has a deputy he has no control over yet he is the one who picked him. The Deputy President staged a coup in the ruling Jubilee party and used the same political system to take away the President’s political base,” the Ndaragwa MP said.
“We are lucky to have had Raila who saw the need to save the country through handshake. The bill is meant to ensure the person who chooses the deputy has powers over him or her.”
ODM Political Affairs chief, Opiyo Wandayi, told the Saturday Nation that he would oppose the proposals.
“Passing the bill would recreate an imperial president. It would amount to rolling back the democratic gains the country has realised through a protracted and expensive struggle,” the Ugunja MP said.
“There are adequate constitutional mechanisms for dealing with a rogue deputy president, including impeachment by Parliament.”
Mvita MP Abdulswamad Nassir, another Odinga ally, said the democratic strides the country has made should not be destroyed.
“A constitution is not made for the president and the present. It is for the future too,” Mr Nassir said.
Nominated MP, Godffrey Osotsi, said experience in Kenya and Nigeria has shown that democracies in Africa are not mature to have conjoined presidencies.
“I support the CIOC amendment but Mr Kioni needs to marshal the requisite numbers,” the Amani National Congress lawmaker said.
“I understand some of us are angry at the current DP but we should not legislate in anger as that would be self-defeatist,” he said.
Mr Kioni said the aim of the bill is to end a situation in which people engage in endless politics “instead of concentrating on growing the country’s economy”.
“The bill does not claw back constitutional gains. Amendments are meant to improve lives. This amendment will end acrimony in the presidency, which will in turn lead to peace,” Mr Kioni said.
In a bid to circumvent the two-thirds threshold that is needed to send the DP home, the bill proposes to amend Article 150 so that only a third of Senate and National Assembly members would do so.
If the proposal passes, only 22 senators and 116 members of the National Assembly would be needed to seal the fate of the DP.
The bill also proposes that a presidential candidate nominates two individuals as first and second deputy president.
If the Senate and National Assembly pass the bill, it may require a referendum.
The DP, elected on a joint ticket with the president, can only leave office by death, resignation or if impeachment.
