Opinion: Senator Tabitha Karanja Keroche’s Call for Executive Reform is a Step Forward, Not a Step Back
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Senator Tabitha Karanja Keroche recently found herself at the center of controversy following her remarks during the Senate’s impeachment motion debate.
Critics have attempted to distort her intentions, suggesting that her call for executive reform—a proposal to allow the President or Governor more control over their deputies—signals a desire to return to the autocratic practices of the Nyayo era.
However, these claims are baseless, and her suggestion should be viewed in the context of practical governance rather than a rollback of constitutional gains.
Senator Keroche’s proposal stems from a valid observation: the increasingly politicized and destabilizing nature of the Deputy President and Deputy Governor roles. In recent years, we have witnessed high-profile feuds between executives and their deputies, resulting in near paralysis in governance.
The long and costly impeachment processes we’ve experienced highlight a flaw in the current constitutional structure. Senator Keroche’s suggestion to revise the selection process for deputies—allowing the appointing authority to hire and dismiss them—seeks to remedy this dysfunction, ensuring that governance remains efficient and responsive.
Presidential Powers Under the Old Constitution
To fully appreciate Senator Keroche’s argument, we must revisit the pre-2010 constitutional framework. Under Kenya’s old constitution, the President held the sole authority to appoint and dismiss the Vice President. This arrangement, while centralized, avoided the drawn-out political theater we are now witnessing.
For instance, during the presidency of the late Daniel arap Moi, the hiring and firing of Vice Presidents, such as Prof. George Saitoti, did not involve the public or Parliament. The President had the latitude to make executive decisions swiftly and without protracted interference.
The pre-2010 constitution was undeniably flawed, particularly in its concentration of power. It lacked the robust checks and balances that Kenya has since adopted. However, not everything about the old framework was inefficient. The power to replace deputies, when used prudently, allowed for smoother transitions in governance.
Senator Keroche’s reference to the Moi era in her speech was not a call to return to authoritarian rule. Rather, it was a call to reflect on how we can improve the efficiency of the current system without undermining democratic principles.
Progress, But Not Perfection
Kenya’s 2010 Constitution marked a watershed moment in the country’s history, ushering in devolution, judicial independence, and greater accountability. It has provided the legal framework for a more democratic and inclusive system of governance. However, as with any evolving document, it is not without its flaws.
One such flaw, as Senator Keroche highlighted, is the tension between executive leaders and their deputies. The Constitution’s framers likely envisioned that running mates would maintain a functional partnership with the President or Governor throughout their term. However, this has not been the case.
We have seen multiple instances where deputies act in direct opposition to their principals, often leading to governance deadlocks, partisan conflicts, and, ultimately, impeachment motions.
Take, for example, the tension between President William Ruto and his deputy, Rigathi Gachagua, a power struggle that almost brought the government to a standstill.
This kind of political gridlock does not serve the Kenyan people. Rather than spending valuable resources and time on impeachments, leaders should focus on service delivery.
By proposing that the appointing authority be given the power to hire and fire deputies, Senator Keroche is suggesting a system that allows for greater executive cohesion and stability. Her proposal is not an attack on democracy but a pragmatic solution to an evident problem.
A Sensible Approach to Executive Reform
Senator Keroche’s detractors have been quick to draw parallels between her remarks and the autocratic rule of the past. But this comparison misses the point. The 2010 Constitution introduced numerous checks and balances to prevent the abuse of executive power. Any reforms to the deputy appointment process would still be bound by these constitutional safeguards. Furthermore, the suggestion does not undermine the core principles of devolution or accountability; it merely recognizes the need for a more functional and harmonious executive structure.
It is also worth noting that Kenya is not the first country to grapple with the question of executive and deputy relationships. Many other democracies, including the United States, provide the President with the authority to manage their administration with minimal external interference. In the U.S., for example, the Vice President serves at the pleasure of the President, with no fixed tenure of their own, ensuring greater coherence in executive leadership.
Protecting Democratic Gains
Senator Keroche’s remarks have been misinterpreted as a call to reverse the gains of the 2010 Constitution, but her words, when viewed in their proper context, show a thoughtful consideration of how best to protect these very gains. Effective governance is the bedrock of a thriving democracy, and Kenya cannot afford the constant instability that arises from internal executive disputes.
The 2010 Constitution was a tremendous leap forward, but as with any legal framework, it must evolve to address emerging challenges. Senator Keroche’s call for executive reform is not a return to authoritarianism but a proposal aimed at strengthening Kenya’s democracy by making governance more effective.
Senator Tabitha Karanja Keroche is advocating for a governance system that prioritizes stability and functionality. Her suggestion to allow appointing authorities the power to hire and fire their deputies should be seen as a practical solution to the challenges Kenya currently faces, not as an erosion of our democratic values.
With a knack for captivating storytelling, Amos Lumbasi has a talent for crafting narratives that resonate with readers. He combines meticulous research with a captivating writing style to create articles that are both informative and enjoyable to read.
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