The constitutional reforms- the BOMAS DRAFT- will save Kenya under present time.
The Bomas Draft says the President appoints the leader of the largest political party in Parliament as the PM. But if the leader of the party with the parliamentary majority or coalition is unable to command the confidence of Parliament, the President shall appoint an MP, who is the leader of the second largest parliamentary party or coalition.In case the two options are not viable, the President may also propose another MP and Parliament may approve such a member as PM.
The Bomas Draft denies the President powers to fire the PM and other ministers. It says the President may propose to the House the dismissal of the PM. The President can only sack the PM if such a proposal is approved by 50 per cent of the MPs.
According to the Bomas Draft, the Cabinet, which is approved by the President but constituted by the prime minister, consists of the premier, two deputy prime ministers and ministers. All members of the Cabinet must be MPs. To prevent a bloated Cabinet crafted for political expediency, it limits the number of ministers, saying they should not be less than 15 and not more than 20.
Parliament can push for the removal of a minister if a Motion of no confidence is approved by more than 50 per cent of MPs. The President, on the recommendation of the prime minister, shall appoint a Secretary to the Cabinet. To be implemented, the President and Prime Minister must sign a Cabinet decision. The President assents to Bills passed by Parliament, but the Prime Minister is expected to implement the Acts of Parliament.
The Bomas Draft fixes the election date for the President on the second Tuesday in August of every fifth year. He/she shall be elected by direct suffrage through a secret ballot. Every presidential candidate would be required to nominate a running mate, who would automatically become the deputy President in the event of victory for the camp.
The winning presidential candidate should garner more than 50 per cent of the total votes cast and, in addition, receive a minimum 25 per cent of the votes cast in more than half of the regions. If none of the candidates meet this requirement, a re-run shall be conducted within three weeks between the top two candidates and the one who receives majority votes declared winner.
Presently, the candidate who gets majority votes and in addition garners 25 per cent of votes cast in at least five provinces is declared winner. Members of the largest parliamentary party or coalition that does not form the Government shall elect the Official Leader of Opposition from their ranks. The Bomas draft proposes the district as the principal level of devolution and establishes a district government for each district. The Senate provides an institution through which the devolved levels of government formulate and enact national legislation and protect the interests of the regional, district and locational governments.
The President’s functions are largely ceremonial and include presiding over State functions such as addressing the opening of each Parliament. Mayors and their deputies would also be elected directly by the electorate if the Bomas draft were to be enforced. Currently, councillors conduct mayoral elections.