HE push by the Opposition for the reintroduction of a mixed system of representation hardly comes as a surprise.
Reports suggest the Opposition is exploring the possibility of reintroducing the position of Prime Minister and two DPMs as one of the ways to assuage competing interests as part of its effort to go into the 2017 election as a united front and unstoppable winner.
This means that besides the offices of President and Deputy President, the country could have an additional three high profile positions if the Opposition gets its way.
Of significance though is the waking reality the country is not yet through with the desire of crafting the constitutional dispensation that best serves the complexity of Kenya’s society.
A harbinger of this was on offer in the infamous Cord “Okoa Kenya” drive, Moses Kuria’s “Punguza Mzigo” proposal and several other failed initiatives that sought to bring about “consensus” on the Constitution.
All these initiatives are reminders that remain outstanding issues in the much-heralded and now six-yearold new Constitution.
Since its tumultuous promulgation in 2010, there are signs that the document has failed to address the systemic problems that called for a new constitutional order in the first place. Are the spirit and letter of the document faulty? Hardly. The ruling elite is vague on implementation; it has decided to procrastinate in implementing the document in a manner that serves the greater national good. The Governors have raised issues around the pace of entrenching devolution; there has been interference with the spirit of the security laws and issues surrounding electoral reforms.
The calls for a fresh look at the system of representation were always bound to come back. Both Uhuru Kenyatta and William Ruto pulled a fast one on Raila Odinga when the Parliamentary Select Committee on the Constitution retreated to Naivasha to harmonise the drafts. Outmanoeuvred and outnumbered in the committee, Raila had to settle for the Presidential system.
But the matter of the system of representation will always haunt the country because it was arrived out of a climate of fear and political chicanery at Naivasha. Even under this supposed new order, the Constitution has failed in its muchanticipated attempt to tame the excesses of the imperial Presidency.
Despite the massive constitutional dispersal of power, there is hardly any effort expended in restraining State officials from exercise of raw power. And corruption is at its worst.