PRESIDENTIAL ALL THE WAY

The Kenyan section of the International Commission of Jurists (ICJ) has expressed its support for the pure presidential system of government agreed upon by the Parliamentary Select Committee on the Constitution.

Chairman Albert Kamunde says the system would enable the Executive to be accountable to the voters, adding that increasing the number of MPs would act as a stronger check to the Executive.

“If the idea of increasing the Members of Parliament is to improve representation, then it will be a good thing because Parliament as an organ needs to be strong to be able to check the other two (arms of government – Executive and Judiciary),” the ICJ chairman said.

“Of cause you have to pay for this increased number but as far as I am concerned, if the increased cost comes with increased representation it is a price Kenyans should be willing to pay,” he added.

The chairman underscored the need to increase the number of constituencies to allow for equal representation in all areas.

“If you have one MP being voted in by over 100, 000 votes and another MP by 5,000 votes, then you have to look for a way to ensure that every constituency has got an almost equal number of voters,” he said.

“In this instance, when Kenyans vote on an issue, they will feel that their vote counts.”

The Parliamentary Select Committee (PSC) on the Constitution is now proposing an increase the number of parliamentary seats to 359, up from the 325 suggested earlier at the on-going retreat in Naivasha.

Members voted on Friday to adopt 300 constituencies and 59 nominated MPs.

Professor Peter Aduol and Johnstone Sakaja, who had been called to help resolve a deadlock over representation, reportedly argued that the country’s 40 million people would adequately be represented in Parliament if a uniform figure was arrived at in creating constituencies.

Experts have recommended 133,000 as the minimum population for each constituency.

The 26-member PSC was divided on whether to go by the experts’ proposal or stick to their own recommendation to create 56 new electoral areas. This is the second time the committee has increased the constituencies after raising the number to 266 on Tuesday.

The contention has been how constituencies would be established. One school of thought is that it should be based on population, while another roots for geographical area. It was agreed that the question of the formula be shelved and experts called in to help.

Currently, the minimum number of constituencies is 188 while the maximum is 210. The MPs also debated on the most appropriate formula for differentiating between rural, urban and sparsely populated areas. During Wednesday's sessions, women MPs said in case the proposal to have an additional 90 constituencies was passed.

The team moved on to discuss the chapter on Devolution. Members were debating between a resource-based devolution floated by PNU and Majimbo driven being spearheaded by ODM.

There have been proposals to also do away with the proposed 47 counties and instead create 30 regions.

It was unclear if the meeting which was due to end on Friday had concluded its objectives. The members were likely to continue deliberations over the weekend.

The deal reached by PSC members, sounded the death knell for the hybrid system of government as had been proposed in the harmonised draft by the Committee of Experts.

The Committee Chairman Dr Nzamba Kitonga said his team will adopt the changes agreed by the PSC.

“We are bound to accept all the changes that have been agreed upon by the PSC through consensus,” said Dr Kitonga.

He said the CoE will only input on areas of disagreement or where changes made are vague.