NAIROBI, Kenya- Former Deputy President Rigathi Gachagua has claimed that the government is preparing legislation that would fundamentally change how Kenya elects its president by replacing the current popular vote with a parliamentary system.
Speaking during a public address, Gachagua alleged that the Office of the Attorney General is drafting a law that would see Members of Parliament elect the President instead of Kenyans voting directly at the ballot.
“The Attorney General is preparing a law to make Kenyans elect their president through a parliamentary system where MPs are the ones who will vote for the president,” Gachagua claimed.
Current Constitutional Position
Under the 2010 Constitution, Kenya elects its President through a direct popular vote.
Article 136 provides that the President is elected by registered voters in a national election, while Article 138 sets out the voting and declaration process.
A candidate must secure more than half of all votes cast nationally and at least 25 per cent of the votes in more than half of the counties to be declared the winner.
Changing Kenya from a presidential to a parliamentary system would require constitutional amendments.
Depending on the scope of the changes, such amendments could require approval by Parliament and, in some instances, a national referendum under Articles 255 to 257 of the Constitution.
Debate Over Executive Reforms
Gachagua’s remarks come amid renewed debate over possible constitutional reforms following recommendations made by the National Dialogue Committee (NADCO). The committee, established after bipartisan talks between the Kenya Kwanza administration and the Azimio coalition, recommended a range of governance and electoral reforms, with some proposals potentially requiring constitutional amendments.
The debate has also revived discussion around the earlier Building Bridges Initiative (BBI), which proposed an expanded Executive that included the offices of Prime Minister and Deputy Prime Ministers.
However, the BBI constitutional amendment process was stopped after being declared unconstitutional by the courts.
