Some Members of Parliament have plotted to amend the Constitution to create an opening for the President to appoint them to Cabinet.
The lawmakers were reportedly working on the proposal, which could be tabled before the House and if passes, effected before the end of the year.
According to the MPs, the current presidential system failed to respond to challenges of governance.
Those behind the idea argued the amendment could be pushed through without a referendum.
An MP was quoted having stated that they had perused the Constitution from the first to the last page and there was nowhere a referendum was required when an amendment involving the change in the structure of the Executive and of Parliament.
Amendments to the Constitution, changes to the structure of the Executive and Parliament can only be undertaken through a popular vote, this is, however, not explicit in the law.
Article 255 (1) states articles that require a referendum to amend are those relating to the supremacy of the Constitution, territory of Kenya, the sovereignty of the people, the national values and principles of governance referred to in Article 10 (2), the Bill of Rights, the term of office of the President, the independence of the Judiciary and the commissions and independent offices to which Chapter 15 applies, the functions of Parliament, the objects, principles and structure of the devolved government.
Article 152 (3) proclaims that a CS shall not be an MP but according to the draft, the MPs plan to leave this open for the President to choose the Cabinet from outside and within Parliament.
Majority Leader Aden Duale vowed never to support such a proposal stating: “Pure presidential system must be kept as it is and we are not ready for a constitutional amendment. The focus for Jubilee is to implement the Big Four Agenda.”
National Assembly Minority Leader John Mbadi also reiterated Duale's sentiments affirming he was not aware of the plans but noted such a proposal could only be done by the Building Bridges Initiative task force.
