LSK Terms Ruto’s Proposal to Parliament as Unconstitutional

By MaryAnne Musilo,

The Law Society of Kenya (LSK) has termed President William Ruto’s proposals to Parliament aimed at Amending the Constitution in a bid to introduce new changes and positions, as ‘unconstitutional.’

Addressing the media today, LSK says the proposals are akin to the Building Bridges Initiative (BBI) which the Supreme Court annulled.

“We are calling upon Parliament to protect the constitution and rise to the occassion and reject the proposals.Said The Society’s President Eric Theuri.

Theuri further said that most of the proposals require a referendum and the President’s move to use Parliament is subverting the law.

He also appealed to Kenyans to reject the proposals warning the if Parliament goes ahead and addressed them, the Society will have no choice but to move to court to seek justice.

In a memorandum dated December 9, 2022, addressed to the Speakers of the Bicameral Parliament, President William Ruto proposed an amendment to the Constitution enacted in 2010.

The President wants members of the two Houses to spearhead the process after the Supreme Court in the BBI case affirmed that the Head of State lacks authority to initiate changes to the Constitution.

He proposes that Parliament considers an amendment to Chapter 9 of the Constitution to establish the office of official leader of opposition, whose functions will be provided for in subsequent laws enacted by the House.

According to the President, such an office would institutionalise governance, strengthen oversight and deepen democracy in the country.

To enhance Parliamentary oversight of the Executive, the President proposes amendments to the Parliamentary standing orders to facilitate the participation of Cabinet Secretaries or Chief Administrative Secretaries in Parliamentary proceedings, and enable them respond to questions posed by Members of Parliament in their capacity as the people’s representatives and in execution of their oversight roles.

And to resolve the long-standing stalemate on the implementation of the gender equity principle, Ruto wants the 13th Parliament to initiate amendments to the country’s supreme law, to establish a formula that will guide the computation of the gender ratio in the National Assembly.

That formula, in a proposed amendment to Article 97(3) of the Constitution, according to the President, should be based only on the number of members elected in the National Assembly from the constituencies and counties.