Will BBI Amendment Bill create an imperial Presidency?

Claims, have been made, that BBI amends creates imperial presidency. The claim is not consistent with the facts. In fact, the powers of the presidency have been substantially diluted. We see.

There are no proposed powers or functions added to the presidency. On the contrary, the President will be required to share power with a Prime Minister and two deputies. It will not be possible to deprive the PM functions, for they are set out in the Constitution. Currently, the national government controls 85% of the revenue raised nationally with counties taking 15 %. But the proposal is for the national government to have 65%, against 35% for counties. An imperial presidency is not established by resource deprivations.

The qualifications for the Director of Public Prosecution are elevated to the rank appeal court judge and is an independent office and cannot be removed through Public Service Commission. That a power of the presidency, watered.Some Cabinet Ministers will be members of the National Assembly. An elected Minister does not owe sole basis for appointment to the President, hence can stand up on certain instances, without self sustaining fear of immediate dismissal.

The President, is now laser guided, in making the State of the Nation Address, must account for the implementation of Article 43 rights, which includes affordable housing and social economic rights. That, is lessening discretion.

Maybe, removal of vetting for Cabinet Ministers and Principal Secretaries offers presidency free hand in such appointments, hence more powers. But in an overall, the imperial presidency narrative, is a red herring.

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