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Kenya Panel Proposes Government Overhaul to End Ethnic Divisions

Kenya Proposes Prime Minister Post in Overhaul of Government

A Kenyan panel proposed reintroducing the post of prime minister and two deputies to make the government more inclusive and replace a winner-takes-all electoral system that has stoked ethnic violence in the past.

The recommended changes will be put to voters in a referendum that’s expected before the country holds elections in 2022, President Uhuru Kenyatta said in a televised address in the capital, Nairobi. The proposals, outlined in November, were published for the first time on Wednesday.

“There are recommendations about inclusivity and about dealing and doing away with divisive elections,” Kenyatta said.

Kenya has struggled to put an end to election-related ethnic violence that have marred previous votes, including in 2007 when more than 1,100 people died. The candidate who wins the support of three of the five biggest ethnic groups -- Kenyatta’s Kikuyu, Deputy President William Ruto’s Kalenjin, opposition leader Raila Odinga’s Luo, the Luhya and the Kamba -- is almost guaranteed to win the presidency.

The members of the panel were chosen by Kenyatta and Odinga, who competed against each other in the last election in 2017.

The panel proposed appointing the runner-up in a presidential election as the leader of the opposition in parliament, and doubling Senate representation by adding 47 new positions to be filled by a female candidate from each of the nation’s counties. To improve revenue sharing, 35% of exchequer resources will be distributed to regional governments, compared with 15% currently.

The proposals don’t resolve concerns about inclusivity, integrity, cohesion and shared prosperity, according to Bobby Mkangi, a constitutional lawyer who helped drafted the current constitution, which was adopted in 2010.

“The biggest challenge has been that the losers in Kenyan elections don’t feel they lost fairly,” Mkangi said by phone. “The only solution then is to have credible elections.”

Other highlights:

  • The president will appoint the leader of the majority party or coalition in the National Assembly. The person will serve as head of government business in the house, and supervise the execution of functions of ministries and departments
    • Can be fired by the president, or impeached by assembly members
  • National Assembly to have 360 members: 290 from each of Kenya’s constituencies and another 70 shared according to proportion of votes received by political parties
    • Other ex-officio members will be the official opposition leader, attorney-general and cabinet ministers
  • Ministers may be appointed from either National Assembly members or technocrats
    • The requirement that ministers be vetted by the National Assembly before taking office is to be deleted
  • Deputy chief justice to hold office for a maximum of 10 years or until retirement age of 70
  • The Director of Public Prosecutions to be made an independent office similar to the Auditor General and Controller of Budget.
  • Deputy President’s powers remain untouched

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