NASA has adopted a radical proposal that will see MPs appointed as Cabinet Secretaries.
It plans to hold a national referendum within 100 days of assuming office to adopt a parliamentary system of government and have ministers appointed from Parliament.
This will herald a major shift in government administration and governance that will bring an end to technocrats in Cabinet.
NASA opines that the present Cabinet is weak because the ministers are not politicians, so it wants to see ministers answer questions in Parliament.
President Uhuru Kenyatta’s first Cabinet initially comprised mainly technocrats, but has since been beefed up by a number of politicians, in a push to appoint ministers from Parliament.
Read: Uhuru forms new government, brings in politicians
Currently, a CabinetSecretary is not a Member of Parliament and has to be vetted by a parliamentary committee and endorsed by the House before the appointment.
The opposition National Super Alliance, in its governance structure overhaul plan, will prioritise and campaign for a countrywide popular vote to effect the sweeping constitutional changes.
Changing a system of government requires a national referendum as it touches on the structure of governance.
Read: Shut up, Raila, Kenya cannot afford a national referendum
Having Cabinet secretaries appointed from Parliament would mean that the current system of government changes from purely presidential to the hybrid.
A hybrid system is a mix of both presidential and parliamentary systems, in which the electorate directly elects a President as head of government and MPs as lawmakers from whom ministers are appointed.
NASA believes that the current pure presidential system has been opaque, inefficient, ineffective and bureaucracy ridden, with less accountability to the electorate.
“We are simply rekindling the demand for the parliamentary system that has always been there in the agenda of the Second Liberation. It had been achieved in the Bomas Draft Constitution, but was mutilated in Kilifi before the referendum of 2005. It was smuggled out of the 2010 draft through the Naivasha ‘deal’ and we had to accept that fait accompli,” said Kisumu Senator Anyang' Nyong’o.
Under the 2010 Constitution, Kenya adopted a presidential system of government over the hybrid government system in which the President and his ministers, all elected MPs, sat in the House.
The presidential system gave chairpersons of parliamentary committees more mandate to respond to questions on the floor of the House on behalf of ministers.
Cabinet secretaries only appear before MPs when summoned by departmental committees, although their attendance has been erratic, often drawing the wrath of MPs.
The 10th Parliament reserved every Wednesday afternoon for the Prime Minister’s Question Time. Prime Minister Raila Odinga, who was also designated coordinator and head of Government Business, responded to questions from lawmakers.
“We have now tested both parliamentary and presidential systems of government and now know a parliamentary system is more accountable,” said Homa Bay Town MP Peter Kaluma.
“This will no doubt require an amendment to the Constitution, which is a lesser price to pay to secure good governance,” said the ODM lawmaker.
ODM Treasurer and a member of the NASA Coordinating Committee Timothy Bosire said the proposed parliamentary system is popular and will be endorsed by an overwhelming majority.
“It is out of experience that, for purposes of effectiveness in responding to questions on governance and accountability, it is important for ministers to be appointed from Parliament. It is an agreed-on position because it is out of practical experience,” said the Kitutu Masaba MP.
He said currently chairpersons of parliamentary committees struggle to mainstream themselves into the system and often are ineffective in their responses because they are not hands-on heads of departments.
National Assembly Public Accounts Committee chairman Nicholas Gumbo backed the proposed parliamentary system, saying it will make ministers directly accountable to the people.
“The presidential system produces ministers who are no more than over-pampered babies, completely out of touch with reality,” said the Rarieda MP.
The PAC is a critically important parliamentary watchdog committee that summons Cabinet secretaries to respond to audit queries.
However, the panel has often run into headwinds, particularly with ministers who snub meetings over “State engagements”.
“These ministers are deprived of public legitimacy and platform, they spend most of their times glorifying the appointing authority, who, somewhat rightly, they see as their sole source of security,” he said.
Opposition Deputy Minority Whip Chris Wamalwa said while a parliamentary system will be cost-effective, it will also make ministers more accountable to the people as they understand the issues affecting people at the grassroots.
“These people do anything they want without due process: A parliamentary system is going to be cheaper, with enhanced accountability,” said the Kiminini MP.
Talking about having ministers who have not lost touch with reality, he said: “The wearer of the shoe knows where it pinches”.
He concluded: “If ministers are going to come to Parliament, that will an added advantage for Kenyans in terms of accountability”.
However, the presidential system will return significant influence to the Executive over Parliament, with the Cabinet being Members of Parliament.
In February the leadership of the National Assembly resolved during a retreat in Mombasa that the next Parliament should consider changing the Constitution so that Cabinet secretaries are appointed from among MPs.
“This will bring about more accountability to the people through their representatives,” said a House team chaired by Speaker Justin Muturi.
The switch to a parliamentary system was among the key constitutional change proposals that the now-defunct Cord was pushing for before the IEBC quashed their referendum bid for lack of a requisite million signatures.
Opposition chief Raila has supported the idea of a parliamentary system since the time of the Bomas Draft Constitution in 2004, in which he played an active role.
The new constitution was originally intended to create a parliamentary system but MPs switched to a presidential system at the Naivasha talks in 2010.
In a conversation with the Star, National Assembly Majority Leader Aden Duale accused the opposition of running away from the popular vote for fear of the Jubilee’s “tyranny of numbers” advantage.
He said the motivation for a parliamentary system by the opposition is nothing but power lust.
“NASA is running from universal suffrage and wants to have the CEO of this country elected by 349 Members,” he told the Star on the phone from Garissa.
“It is only a rogue Parliament that can elect people like Raila Odinga. They want to try a parliamentary system where the people don’t decide, it is a group of MPs who can decide who becomes Prime Minister,” he said.
He said Jubilee will give an opportunity to the people of Kenya to elect their next crop of leaders.
Many liberal democracies such as Canada, Great Britain, Germany, Italy, Japan, Latvia, the Netherlands, and New Zealand use the parliamentary system. The presidential system is used in democracies like the United States and France.
Jubilee leaders are not impressed by NASA’s resurrection of the demand for a parliamentary system.
“Raila fervently fought for a parliamentary system of governance right from Bomas I, Bomas II and through to the Wako Draft process,” Central Parliamentary Group Leader Dennis Waweru said this week.
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