Ruto rejects referendum calls to implement dialogue committee proposals
President William Ruto has dismissed requests for a referendum regarding the execution of crucial suggestions outlined in the National Dialogue Committee proposal.
In a written message addressed to the Speakers of the National and Senate Assemblies, the President conveyed that the nation is making progress toward recuperation after the challenging 2022 elections.
Therefore, the country’s leader stated that it would not be wise to utilize the current institutional structures to execute the main recommendations.
Some of the main suggestions that were seen as requiring a referendum included putting the two-thirds Gender Rule into effect, incorporating Constituency Development, Senate Oversight, and Government Affirmative Action funds as legal requirements, establishing the role of the official opposition leader, and strengthening parliamentary supervision of the executive branch.
“I am sensitive to the current state of our nation, which is settling down after a long season of vigorous political mobilization,” the President said in the memoranda dated December 9, 2023.
“For this reason, it is important that we endeavor to pursue only those pathways to institutional changes by means which do not entail the resumption of disruptive and potentially divisive mobilization for a referendum, or campaigning.”
The President has suggested to the two speakers that they begin the process of making appropriate changes to the constitution to address the four main concerns.
Regarding the two-thirds gender rule, the President has suggested to parliament the implementation of a constitutional amendment that would create a specific method for calculating the application of the gender rule within the National Assembly.
He mentioned that this determination should rely solely on the count of members chosen from the constituency for the National Assembly and from counties for the Senate, as specified in articles 97(1)(a) and 98(1)(a) respectively.
“The proposed amendment can be set out under Art. 97(3),” Ruto proposed.
Upon establishing the Official Opposition office, the President endorsed the notion, stating it was long-awaited.
He stated that the minority’s role in parliamentary leadership falls short in assisting the opposition to effectively oversee the government.
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Ruto expressed that the suggestion significantly aligns with establishing governance structures, enhancing supervision, and advancing democratic principles.
“The time has come for us to explore the possibility of remedying this shortcoming,” Ruto said.
“I therefore propose that Parliament consider an amendment to Chapter Nine, Part IV of the constitution to establish the office of the Leader of the Official Opposition, with its operational dimensions to be provided for in consequential legislation.”
The President expressed that by firmly establishing the NG-CDF fund within the constitution, the current amendments in place are adequate to suggest a feasible outcome.
“I am encouraged to note that the 13th Parliament is very much alive to the imperative of this moment, and has already taken up the issue through the Constitution of Kenya (Amendment) Bill, 2022,” Ruto said.
In my view, the suggested addition of Article 204A, aiming to create the National Government Constituency Development, Senate Oversight, and the National Government Affirmative Action Funds funded from the national government’s shareable revenue, meets the requirements outlined by the constitutional court, both explicitly and implicitly.
Regarding the supervision of the executive by the parliament, the President requested both Houses to create legislation that would empower Cabinet Secretaries to be accountable to members of parliament regarding their responsibilities.
“I recommend Parliament to consider formulating a mechanism within its Standing Orders to facilitate the participation of Cabinet Secretaries/ Chief Administrative Secretaries in parliamentary proceedings, particularly by responding to questions raised by MPs,” he said.
Ruto rejects referendum calls to implement dialogue committee proposals