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Draft: Moi opposes chapter on Executive because he enjoyed the powers

Posted by African Press International on December 1, 2009

Former President Daniel arap Moi said he was opposed to the proposal on the Executive in the draft constitution at a news briefing at his Kabarnet Gardens home on December 2, 2009. Photo/STEPHEN MUDIARI

Former President Daniel arap Moi said he was opposed to the proposal on the Executive in the draft constitution at a news briefing at his Kabarnet Gardens home on December 2, 2009. Photo/STEPHEN MUDIARI


In Summary

  • Former president also against scrapping the provincial administration.

Former President Daniel arap Moi has opposed the draft constitution proposal on the Executive.

Mr Moi said the sharing of executive authority between the prime minister and president amounts to the creation of two centres of government, adding that this would make it difficult for the country to be run efficiently.

He said vesting executive power in a popularly elected president, combined with the establishment of sufficient checks and balances through Parliament, would be the best option for Kenya.

There are checks and balances that can be in institutions such as the proposed upper house and other institutions, said Mr Moi.

The former president enjoyed executive power during his 24 years at the helm, mainly due to amendments to the constitution that ended up creating what is now referred to as the imperial presidency.

The powers of the presidency are cited as one the reasons the seat is coveted, leading to divisive politics and the sort of clamour for the position that led to the violence that followed the 2007 General Election.

Mr Moi has also prepared a three-page memorandum he said would be presented to the Committee of Experts, who prepared the draft currently under debate.

He said ‘certain parts of the proposed laws are good and others contentious and these should be dealt with by the time a final draft is produced and put to the vote at a referendum.

Even if majority pass it and there is discontent in some places, who will finish that? There will be discontent if some people feel their needs have not been addressed, said the former president.

Speaking to the press at his residence at Kabarnet Gardens near Kibera, Mr Moi also opposed the scrapping of the provincial administration and the creation of regional governments to replace them.

Our status and level of development makes it necessary to oversee the implementation of government programmes and preservation of law and order, said Mr Moi.

If you replace the provincial administration with elected individuals , you will have politicised administration and there will no longer be fairness and impartiality, he added.

Head of Civil Service Francis Muthaura and Internal Security PS Francis Kimemia have also said they would ask the Committee of Experts to change the parts of the law that seek to scrap the provincial administration.

Mr Moi said the proposed regional assemblies would be too expensive to run and it is doubtful whether the ‘little governments will afford to run themselves and deliver services to Kenyans.

He said decentralisation of the nature proposed in the draft law ‘will entrench ethnicity, inflame ethnic rivalries and undermine national cohesion.

Devolution can be better managed through the existing local authorities and constituencies which require to be furnished with proper safeguards to enable them manage public affairs better, he says in the document prepared for the experts.

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