Kenya’s draft constitution

One of the tasks of the rather odd and cumbersome “power-sharing” executive that was set up in Kenya after the disputed election of 2007 was to produce a new constitution to be in place before the next elections.

The Committee of Experts on Constitutional Review has now produced a draft. Robert Elgie quotes from the key provisions regarding the appointment, and removal, of the prime minister and cabinet.

It would seem that, if enacted, Kenya’s new constitution would transform the system into a premier-presidential system: i.e., continuing to have a popularly elected presidency, but primary executive powers vested in a cabinet accountable exclusively to the parliamentary majority.

4 thoughts on “Kenya’s draft constitution

  1. If enacted.

    Kibaki’s crew is asking voters to reject the constitution. They are framing new powers for the Prime Minister as a reduction in voter control of the executive.

  2. Interesting, not so surprising, and a tad depressing that Kibaki’s forces would frame it that way. Of course, I would expect any proposal to move to premier-presidentialism (or parliamentarism, even more so) to run up against such an exception. Within the charge, is a strong grain of truth, actually.

  3. Within the charge, I agree. Unfortunately presidentialism in Kenya has the opposite effect, whether by clientelism or hit squad: executive control of the voter.

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