Presidential system has fallen short, it’s time for a change

A constitutional referendum is looming in Kenya.

A key question slowly emerging is whether the country is ripe for a parliamentary system and if we should discard the presidential. This is certainly an issue of weighty legal and political significance as it implies a need to radically re-configure the State as established under the Constitution of Kenya 2010.

The clamor for a parliamentary system of government, or parliamentary democracy, is not new. It has been a recurrent theme throughout the constitutional reform process and was one of the contentious issues at the Bomas Conference of 2004.

At the time, Kenyans voiced a deep desire to rid their country of the all-powerful, autocratic presidency. A parliamentary system, comprising an executive Prime Minister and a ceremonial President, was proposed as the perfect solution. Things changed with the adoption of a presidential system at the 2010 referendum.   

We have now come full circle. The question we are grappling with today is if the parliamentary system can remedy the real and perceived failures of the presidential, key among them, lack of inclusivity in national politics. 

The need to curtail this vicious cycle of instability spawned the Building Bridges Initiative and ‘Punguza Mizigo’.   

It will be interesting to see what comes out of the two processes. But whatever the outcome(s), a constitutional referendum is certainly in the offing. The question then becomes, what would the new system look like?

We need a system that promotes and sustains an inclusive political process at local and national levels. It must foster unity and entrench a culture of strong political parties with a national outlook. Clearly, the presidential system in has fallen short of these goals.  

In my view, a parliamentary democracy offers the next best alternative. Citizens will directly elect their representatives to the legislature. The representatives, through a majority, then elect a Prime Minister who forms and runs the government.

Since the legislature can also dismiss the Prime Minister through a motion of no-confidence, it acts as a check on government on behalf of the people. 

Unlike an executive President who enjoys a defined term limit, the PM may not serve the full term depending on political, social and economic circumstances. This has happened in some countries, most notably in the UK with the ongoing Brexit fiasco. 

Kenya is ripe for a parliamentary system with an executive PM elected by MPs, and a non-executive president elected directly by the people. This is known as a parliamentary republican system of government. But it must be tied with proportional representation so that every vote counts. 

The proportional representation system also seeks to ensure the number of seats in a legislative body mirrors the comparative electoral strength of the parties participating in the elections in terms of percentage votes cast. 

There is also the aspect of the non-executive or ceremonial President. This would be a person who essentially symbolises national unity especially in moments of political and constitutional crisis.

From a Kenyan perspective, the parliamentary republican system has many advantages. First, it significantly reduces political tensions in national leadership contests by shifting the actual battle to Parliament without necessarily supplanting the voters’ universal suffrage rights.

Secondly, it will strengthen our political party system by promoting a culture of issue-driven politics and coalition building. We need strong political parties with a national outlook, not entities driven by personalities and individual patronage. Thirdly, it would ensure a more sustainable political and constitutional order compared to the winner-take-all approach presidential system.

Besides, a strong opposition within Parliament -- not outside -- would serve as a very effective check on the government. Parliamentary majorities should not be merely about numbers but also quality of representation.

The fear that a parliamentary system only serves to create an impotent, ceremonial President is simply misplaced. A non-executive President should be a symbol of national unity, a respected statesman or woman, who is not perceived as a prisoner of vested party or regional interests. There are many competent, experienced, respected men and women in Kenya fit for the role.

-The writer is an advocate of the High Court of Kenya. emwachinga@yahoo.co.uk