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More calls for weaker presidency
to end row
February 28, 2008
EA STANDARD
By Peter Opiyo and Susan Anyangu
Abolishing the presidency is the only solution to the political
crisis, human rights organisations claim.
The Centre for Law and Research International (Clarion) and the
Kenya Human Rights Commission (KHRC) said on Wednesday Parliament
should change the Constitution and reduce the powers of the
presidency by the end of next year.
Clarion said the political stalemate following the disputed
presidential election provides an opportunity for legal measures
to establish an alternative form of governance.
Mr Morris Odhiambo, the executive director, said governance
institutions had become tools of patronage.
The centre, however, opposed taking the agreement reached at the
mediation talks to a referendum.
"We see this argument for what it is: Diversionary, self-serving
and motivated by ill intentions and lack of foresight," said
Odhiambo.
He said the Constitution has been amended about 40 times since
Independence without a public vote.
A solution to the crisis, he added, was either a presidential
system with proper checks and balances or a parliamentary system.
The Constitution, he said, was a combination of the two systems
and many amendments were intended at consolidating power.
Said Odhiambo: "A situation has now presented itself where the
Constitution can be amended to solve a national crisis as opposed
to past amendments, which consolidated power."
The political problem, he said, required legal and constitutional
changes.
Clarion also called for an overhaul of institutions to ensure
peace and social justice. The centre warned of waning public
confidence in the talks.
"It would be sad for Kenyans to resign to the fact that only
military intervention by foreign powers can save the country from
self-destruction," Clarion said.
Declaring support for the mediation efforts, Clarion demanded that
President Kibaki and ODM leader, Mr Raila Odinga, take lead in the
search for a settlement.
"We demand that the principals of the political quagmire take the
stalemate seriously and negotiate directly since it is apparent
that their representatives are unable to reach an agreement," said
Odhiambo.
Powerful presidency
On Tuesday, chief mediator, Dr Kofi Annan, expressed
dissatisfaction with the pace of the talks, and said he would deal
with President Kibaki and Raila.
PNU and ODM failed to agree on a power-sharing arrangement during
an acrimonious session on Tuesday, and Annan postponed the talks.
And KHRC said the President’s control over the electoral process
be checked. In an election monitoring report released on Wednesday,
the commission stated: "We have noted with concern that the
presidency controls many institutions in charge of the electoral
process, from appointment of commissioners to the Judiciary, which
presides over elections."
The report, ‘Violating the Vote’, further says the presidency
controls the Provincial Administration, which KHRC wants abolished.
The commission recommended that Parliament alter the Constitution
to reduce the powers of the presidency by next year.
They called on NGOs and wananchi to push for the enactment of a
new and agreeable Constitution by 2010.
The report further recommends that the State undertake judicial
and electoral reforms.
KHRC says the Kenya Broadcasting Corporation should be de-linked
from the Government.
It wants the Kenya Anti-Corruption Commission to investigate
sources of campaign funding.
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