Kibwezi MP Mwengi Mutuse Proposes Changes in Presidential Election

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Kibwezi MP Mwengi Mutuse Proposes Changes in Presidential Election

Mwengi Mutuse, a member of parliament for Kibwezi West, sent a letter to the National Dialogue Committee (NADOC) on Tuesday proposing a change to the governance system, specifically regarding the election of the president of Kenya

Mutuse stated in his recommendations to NADOC that the creation of the Office of the Leader of the Opposition within a presidential system of government was superfluous because he believed that such an office already existed, thereby eliminating the need for constitutional amendments.

“To address concerns of inclusion of the Opposition, I propose allowing presidential candidates to also run for membership in the National Assembly,” Mutuse recommended.

He contends that in the 2010 Kenyan Constitution, the term Official Opposition was changed to Minority Party and the Leader of Government Business became the Leader of the Majority Party.

If NADOC accepts and Parliament ratifies Mutuse’s proposals, presidential candidates will once again contend for the top seat as Members of Parliament, a practice that was discontinued during the 2007 general election.

A photo of Kenya National Assembly.

The letter from Mutuse to the dialogue committee emphasized that the current constitution does not prohibit a return to this custom.

“Article 99 on Qualifications and disqualifications for election as MP and Article 137 on qualifications and disqualifications for election as President do not impose such limitations,” the first-term MP stated.

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The Maendeleo Chap Chap representative added that the Elections Act does not prohibit the country from pursuing this course of action.

According to Mutuse, the current restrictions prohibiting a President from running for office as a member of Congress are the result of an excessively cautious interpretation of the Constitution.

Mutuse emphasized in his proposal to NADOC that implementing his proposals would promote inclusivity and ensure that popular presidential candidates who do not win the election are not abandoned.

Currently, the Leader of the Majority is designated by the political party or coalition with the highest parliamentary representation. 

Nevertheless, under the current laws, a candidate can gain the presidency while their party fails to secure a majority in Parliament.

Notably, Mutuse’s letter did not address the circumstance in which the President’s opponent would become the Leader of the Majority in Parliament.

Kenyans vote at Rongai Constituency, Nakuru County during the August 9, 2022, General Election.

Kibwezi MP Mwengi Mutuse Proposes Changes in Presidential Election

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