The President will remain the Head of State and Government and the Commander-in-Chief. He or she shall be the central symbol of National Unity. The President will chair the Cabinet, which comprises of the Deputy President, the Prime Minister, and Cabinet Ministers BBI report.
The Executive, under the authority of the President, shall have the power to determine the policy of the Government in general, while the Ministers under the leadership of the Prime Minister, shall be collectively responsible in the National Assembly for the execution of the affairs of the Government.This structure executive makes it more accountable in Parliament and to the people. The President term limit is retained to the present two-term limit.
Deputy President The Deputy President is the running mate to the President. The Deputy President shall deputise the President.
Prime Minister Within a set number of days following the summoning of Parliament after an election, the President shall appoint as Prime Minister, an elected Member of the National Assembly from a political party having a majority of Members in the National Assembly or, if no political party has a majority, one who appears to have the support of a majority of MPs. The nominee for Prime Minister shall only assume office when his or her appointment is first confirmed by a resolution of the National Assembly supported by an absolute majority vote of MPs.
If the Prime Minister nominee is not confirmed, the President shall have another set number of days to make another appointment.This process shall continue until there is a successful nomination for Prime Minister. A measure to ensure that this process is not indefinite, and that governance is continuous should be considered.The Prime Minister may be dismissed by the President or through a vote of no confidence in the National Assembly.
Roles of the Prime Minister
The Prime Minister shall have supervision and execution of the day-to-day functions and affairs of the Government.The Prime Minister shall be the Leader of Government Business in the National Assembly.On the President’s tasking, the Prime Minister will chair Cabinet sub-committees.In the exercise of his authority, the Prime Minister shall perform or cause to be performed any matter or matters which the President directs to be done.The Prime Minister will continue to earn his or her salary as a Member of Parliament with no additional salary for the prime ministerial role.
Leader of the Official Opposition
The runner-up of the Presidential election becomes an ex-officio Member of Parliament and the Leader of the Official Opposition if his or her party is not represented in the Government, or of a coalition of Parliamentary parties not represented in the Government.The party or coalition of parties shall be the Official Opposition.The Leader of the Official Opposition shall be enabled to have a Shadow Cabinet.The Opposition will play a key role in Prime Ministerial and Ministerial Question Time sessions in Parliament.The Permanent/Principal Secretary in the Office of the Prime Minister will chair the Technical Implementation Committee of Principal/Permanent Secretaries.To avoid the politicisation of the Public Service, the Permanent or Principal Secretaries will not be subject to Parliamentary approval. Their accountability will be strictly administrative and technical.
A mixed cabinet The cabinet is a crucial part of the Executive arm of Government. There is discontent with the current system, judging from what Kenyans told the Taskforce. The President will appoint Cabinet Ministers after consultation with the Prime Minister. The Ministers shall be responsible for the offices that the President establishes in line with the Constitution.The Cabinet shall be drawn from both parliamentarians and technocrats with the latter being ex-officio Members of Parliament upon successful Parliamentary approval.The Taskforce is also recommending that the renaming of Cabinet Secretary to Cabinet Minister.Minister of StateTo ensure more effective political direction and Parliamentary accountability, there shall be a position of Minister of State that will be appointed from members of the National Assembly and taking direction in their ministerial duties from Cabinet Ministers.These Ministers of State will continue to earn their salary as MP with no additional salary for their ministerial role.