Oliver Mathenge
13 November 2009
Nairobi — Divisions between PNU and ODM over the Executive seem to be widening, with the Orange party making proposals that may lock the public out of determining who to be the president.
Details of deliberations at the meeting of the Permanent Management Committee of the Grand Coalition Government indicate that ODM wants an electoral college to elect the president, who will be largely ceremonial.
It also wants the leader of the party with the majority in Parliament to be appointed executive Prime Minister.
On its part, PNU seems to have conceded some ground on whether the country should have an executive PM.
The party says the country can settle for either a president or PM but whoever wields the executive authority must be popularly elected.
"It is inconceivable that any Kenyan who gets the mandate of the voters to implement his contract with the people will surrender executive authority to a non-elected individual," PNU said in a statement on Friday.
The contrasting views are contained in position papers obtained by the Saturday Nation and presented by the two parties at the committee's meeting on Wednesday and Thursday.
The committee met ahead of the ongoing Cabinet retreat in Mombasa, which President Kibaki and PM Raila Odinga are attending.
On Thursday, the committee prepared a statement that indicated that it had reached near consensus on most - 95 per cent - of the contentious issues on the review process.
The team reported that the structure of the Executive arm of government and vesting of powers, appointment or election and relationship among the various offices remain contentious.
When arguing its position, ODM said that to create synergy between the President and the PM, the new constitution should enact a requirement for "consultation, recommendation and advice".
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" .. PNU is adamant it is not proper to strip a president elected through a popular vote of executive power and transfer it to a prime minister. .."
At times, it seems as if Kenyans are crafting a constitution that lasts only until the next election. Bearing in mind the violence that occurred after the elections2007, that may be what they are instinctively doing.
It may be instructive to ask the lawmakers the following questions: - PNU, what powers would you like to see invested in the President if (s)he is from the ODM party? - ODM, what powers should the PM have if (s)he is from the PNU party? Their answers then would provide a starting point.