President William Ruto’s Plan to create the office of the opposition leader might not sail through according to High Court advocate Duncan Okatch.
Speaking on Thursday, December 8 during Citizen TVs’ Day Break show Okatch argued that the proposed bill appears to be sponsored by the president, and the Supreme Court ruled that the president cannot initiate or sponsor a constitutional change.
“This bill is akin to being sponsored by the President. They have to decide If it is supposed to be a parliamentary or popular initiative, but in terms of the president’s involvement, it will land them back to court on who is spearheading the process,” he revealed.
The Supreme Court had blocked constitutional amendments proposed by former President Uhuru Kenyatta in March 2022 ruling that ordinary citizens rather than the President must propose constitutional amendments.
“The President cannot initiate constitutional amendment and changes through the popular initiative under Article 257 of the Constitution,” CJ Koome stated.
The proposed bill seeks to establish an official opposition office to the government. The leader of the opposition shall be the candidate nominated by the political party or coalition of political parties that received the second-highest number of votes in the most recent presidential election.
To be elected to the proposed office, one’s political party or coalition must receive at least 25% of all National Assembly members and secure the second-highest number of votes in any previous presidential election. He can also be the person who receives the second most votes in an election.
The proposed deputy leader of the opposition shall be the person nominated for that seat by the same parties or coalitions.
According to the proposed legislation, the term of office of the leader of the opposition and deputy shall begin on the day a new president takes office and end when a new president takes office.
It also states that the leader of the opposition can be impeached if he or she violates the Constitution or any other law, or if there are serious grounds to suspect the officeholder of committing a crime under national or international law.
The opposition leader’s responsibilities will include serving as a symbol of national unity, respecting, safeguarding, and upholding the Constitution, and protecting the republic’s sovereignty. Others are scrutinizing, criticizing, and making suggestions to improve the government’s legislation, policy, and financial proposals.
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