NAIROBI, Aug. 24 (HANA)--The Kenyan government has published a final draft of a new constitution, setting the scene for what is expected to be a bitter political fight over whether it should be adopted.
The proposed text is the largest overhaul of Kenya's constitution since independence from Britain in 1963 and has drawn fierce supporters and detractors.
The 197-page draft allows the president to keep most of his powers.
It also creates Kenya's first prime minister, but ensures the post is relatively weak.
Kenyans are to vote on the proposed constitution in a national referendum later this year.
Critics say the draft does not curb the president's power enough but allies of the current incumbent Mwai Kibaki argue there should not be two centers of power.
HIGHILIGHTS
The proposed new constitution has 21 chapters and the sovereign authority of the republic of Kenya is vested on the president who will be elected alongside his deputy.
The two shall not be members of parliament.
The president will be the head of state, head of government, commander in chief of the armed forces and chairperson of the National Security Council.
The president shall serve for only two five-year terms.
The president must gunner 50-per cent of the total votes and must receive a minimum of 25 per cent on votes cast in more than half of all the districts to be declared holder of the office.
The deputy president shall act as president incase of incapacitation or death of a seating president.
According the new constitution there shall be a Prime Minister and two deputies.
The Prime minister shall be the leader of government business in parliament and will be appointed by president and approved by half of all members of parliament.
The Prime Minister has no term of office and the president is at discretion to appoint any seating Member of Parliament to the office.
The Prime Minister's office shall become vacant if the president so directs.
The president shall appoint ministers and the deputy ministers.
The proposed constitution also allows the president to appoint not more than 20 per cent of ministers from non-parliamentarians.
The new constitution also proposes two levels of devolution the national and district government.
The district government will comprise of a district assembly and a council the district assembly is empowered to pass any laws to the effective functions of the district.
The assembly will comprise of one member elected from each elections wards, five per cent of elected members appointed by political parties in proportion to the number of votes and specials seat for women members.
The constitution also provides for the religious courts which establish Christian courts, Kadhis's courts and Hindu courts which shall be subordinate courts which shall determine questions of their religious laws.
The final document also allows Kenyans to hold dual citizenship and also decrees that a person who has been married to a citizen of Kenya for seven years will qualify to apply for citizenship under the proposed Constitution of Kenya.
Kenyans will decide whether or not to endorse the proposals in a referendum to be conducted by the Electoral Commission within the next 90 days – by the end of November.
The east African nation wants to enact the constitution by December 12 if passed in the referendum.
Analysts say whatever the outcome, Kenya could be plunged into a dangerous political crisis. Enditem
Editorial
