President Ruto Sends a Memo to Parliament Proposing Key Constitutional Changes

President Ruto has sent a memorandum to the National Assembly and Senate speakers proposing an amendment to the 2010 Constitution.

In the memorandum dated December 9th, Ruto wants MPs to spearhead the process after the Supreme Court in March ruled that the president lacks authority to initiate constitutional changes through the popular initiative route.

Ruto, who assumed power on September 13th, has made a raft of proposed amendments including the creation of an office of the official leader of the opposition to cure what he terms as a constitutional shortfall on the full post-election fate of the minority side.

He wants MPs to consider an amendment to Chapter 9 of the Constitution to establish the office of official leader of opposition, whose functions will be provided for in subsequent laws enacted by the House. He argues that such an office would institutionalize governance, strengthen oversight and deepen democracy in the country.

In addition, Ruto wants parliamentary standing orders amended to facilitate the participation of Cabinet Secretaries or Chief Administrative Secretaries in Parliamentary proceedings.

This, he says, will allow CSs to respond to questions posed by MPs in their capacity as the people’s representatives and in execution of their oversight roles, adding that it will enhance Parliamentary oversight of the Executive.

To resolve the 12-year stalemate on the implementation of the two-thirds gender rule, Ruto wants Parliament to initiate amendments to the constitution to establish a formula that will guide the computation of the gender ratio in the National Assembly.

The president says the formula should be based only on the number of members elected in the National Assembly from the constituencies and counties.

Ruto also threw his support behind the Constitution Amendment Bill currently in Parliament seeking to entrench the National Government Constituency Development Fund, the Senate Oversight and National Government Affirmative Action Funds in the Constitution.

Ruto says this amendment will help MPs to comply with the law, instead of employing mischievous legalities and technicalities to deal with constitutional issues.

He argues that the proposed constitutional amendments should be pursued without taking the Kenyan electorate through a referendum that is potentially divisive and disruptive months after the August 9th general election.