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NEW CONSTITUTION


our democracy; change instantly became the No. 1 item on our national to-do list.


A pure presidential system Change has now arrived. The constitution we ratified completely transforms the way Kenya is governed. It seeks to right the mistakes of our youth as a nation in the management of our resources and other affairs. It gives us a fresh start. The new constitution provides for a presidential system of government much like the American system. The President in the new order, unlike the present arrangement, will no longer be a Member of Parliament. This is just


one of the ways the new laws establish the independence and effective separation of powers between the executive and the Legislature.


Another marked departure from the old law is the appointment of Ministers, to be known as Secretaries in the new law, from outside Parliament. This allows Parliament to focus on its legislative role and the executive that of administration. Any Member of the Legislature appointed to the cabinet must resign his or her seat in either the National Assembly or Senate.


Under the new constitution, the


Legislature is to be bicameral with the National Assembly and Senate


having a combined membership of 416.


As part of the checks and balances, the Legislature will have the power to vet and approve key presidential appointments, including cabinet Secretaries, judges and top senior servants. This is a drastic departure from the present scenario where the President's appointments are subject to no oversight whatsoever.


Political and economic power to the regional governments


Devolution is yet another enormous and transformative aspect of Kenya's new law. It provides for the devolution of


The Parliamentarian | 2010: Issue Three - Kenya | 7


Members in the old Chamber of the House while the new Chamber was being refurbished.


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