Uhuru: Expanded Executive will end election violence

President Uhuru Kenyatta.

President Uhuru Kenyatta yesterday made a case for an expanded Executive to ensure political inclusivity for a nation often visited by violence during general elections.

In his pitch for the Building Bridges Initiative (BBI) proposals, Uhuru said it does not augur well for the country’s nationhood to have only two occupants at the apex of the Executive – the president and deputy president.

This, the president argued, creates “political exclusion”, resulting in the cyclic violence witnessed in every election.

He said the current Constitution contained an imbalance of power that could be a trigger for upheaval.

Uhuru, who gave his address at Nyayo Stadium during the 57th Jamhuri Day celebrations, said it was perilous for the country to have only two people holding Executive power in an ethnically diverse nation.

“But if we increase the positions at the apex of our Executive from two to five by introducing a Prime Minister and two Deputies, more communities will be accommodated at the apex,” he said.

“This was the Kofi Annan Consensus of February 2008 that gave us peace. And, if it worked then, it means there was something right about it.”

Uhuru also counteracted the argument that the BBI document introduces more positions for the winners of the election and does not solve the winner-take-all predicament.

He said there was national interest in re-introducing the position of Leader of Official Opposition to recognise the opposition.

“If the Opposition carries a large portion of the country and the winner in an election carries another, isn’t there a compelling national interest in giving official recognition to the Opposition leader and supporting his office to form a shadow Cabinet?” the president posed.

According to the president, an expanded Executive and constitutional recognition of the Opposition will reduce the notion of “political scarcity” and the propensity for electoral violence every five years.

National healing

The president also cited the proposal to increase funding to counties from 15 to 35 per cent, creating a ward development fund and increased representation of women. He also made a case for proposals to set up the office of the Judiciary ombudsman.

Kayamba Africa entertains the gathering during this year's Jamhuri Day celebrations. [Elvis Ogina, Standard]

He referenced the Handshake between him and ODM leader Raila Odinga as a necessary first step to national healing and constitutional alignment and anticipated that this would become the new normal among political players.

Yesterday’s Jamhuri Day celebration happened under a dark cloud as the country reels from the effects of Covid-19 pandemic that has infected over 90,000 people in the country and killed more than 1,500.

President Kenyatta’s speech delivered to sparsely populated terraces of the stadium in keeping with Covid-19 protocols, also spoke on the victories the country has had in the fight against the coronavirus.

He talked about expanded health infrastructure – 827 infectious diseases ICU beds up from eight beds in March and 20,910 isolation beds. He also underscored the need to protecting our health workers.

A year ago, President Kenyatta stood on the same podium and rallied the country to support his government rein in corruption as it “returned the river to its course”.

“We are returning the river to its course by turning every hurdle into a stepping stone, every challenge into an opportunity and every obstacle into a bridge for a better future for all,” he said in 2019.

Yet more obstacles have presented themselves in the form of Covid-19, accusations of theft of funds to deal with the disease and the relentless push to change the Constitution amidst a pandemic.

Amending the Constitution has been a crucial part of the Government’s agenda, and even as his deputy William Ruto yesterday stressed on having the “right priorities”, the president centered his address on the BBI.

President Kenyatta’s speech, while touching on the achievements made under the Big 4 Agenda, the economy, devolution, education and the fight against Covid-19, largely made a case for amending the Constitution.

Uhuru conceded that while the BBI will not resolve all constitutional issues, changing it was inevitable.

“The guiding light for our nation must always remain the spirit of justice and when the spirit behind our constitution disagrees with the letter used to write it then we must change the letter,” he said.

The president said letting the Constitution stay as is would invite discord.

“If change is indeed inevitable, how can we discern the moments that call for change? How can we know that our nation is in crisis and the letter of our constitution is out of touch?” Uhuru posed.

He said the upheaval that followed contested elections showed that the country was in a constitutional moment, one that would put what was written in the Constitution in sync with what the people want.

“If there is national ‘instability’ every five years because of an election, this is a sign that the nation is on the edge of a new constitutional frontier,” he said.

Uhuru said while the 2010 Constitution took Kenya out of a dark place following the 2008 political violence, that document was largely founded on fear.

But even as he defended that push for the constitutional referendum, there is a deep-seated unease in a section of the country, including Ruto, who stressed on the need for a consensus.

Referring to the fight against Covid-19, the DP, in a brief address, talked about his belief in Uhuru’s leadership and “the right priorities”.

“We will overcome this challenge because we believe in your leadership and together, united, we should be able to build the necessary consensus to have the right priorities so that we can overcome this situation,” said the DP.

The church and civil society have also asked their own questions on the need and timing of the constitutional change.

Uhuru, however, appeared to close the door on any further discussion on constitutional amendment.

“Even our Founding Fathers had to freeze certain thorny questions at independence, in the hope that subsequent constitution-making processes would resolve them.”