MEMORANDUM PRESENTED TO THE STEERING COMMITTEE ON

THE IMPLEMENTATION OF THE BUILDING BRIDGES TO A UNITED KENYA TASKFORCE REPORT

KENYATTA INTERNATIONAL CONVENTION CENTRE, NAIROBI

26TH FEBRUARY 2020

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MEMORANDUM PRESENTED TO THE STEERING COMMITTEE ON THE IMPLEMENTATION OF THE BUILDING BRIDGES TO A UNITED KENYA TASKFORCE REPORT VENUE: KENYATTA INTERNATIONAL CONVENTION CENTRE, NAIROBI DATE: 26TH FEBRUARY 2020

1. INTRODUCTION Mr. chairman. Members of the Steering Committee. The Orange Democratic Movement Party appreciates this opportunity to give feedback on the report of the BBI Taskforce launched on 27th November 2029. We congratulate the Task Force under your leadership for being faithful to its mandate and for the balanced and dispassionate manner with which it went about executing that mandate. We are confident that the Steering Committee, with your stewardship, will not disappoint the Kenyan people. We have studied the report and are satisfied with most of the recommendations contained therein, which we believe that if faithfully implemented will lead to a united, socially and economically inclusive and prosperous Kenya, and address the ever-elusive national question .

As a party we remain cognizant of the fact that this process is a consultative give and take and that no one party or individual can bulldoze the discussion or the outcome. We believe in the power of persuasion and that this dialogue is an opportunity for us to lay out the vision for the future of this country hoping that our countrymen will buy into our point of view. We however are also open to being persuaded for we do not hold monopoly of ideas.

The opportunity before us is one of a lifetime and all Kenyans must be allowed to ventilate on the issues before us. It is an acknowledged fact that the Kenyan dream was dead or dying by the time our two leaders HE Raila Odinga and President Uhuru Kenyatta shook hands so that what we are engaged in is akin to a postmortem to determine the cause of death. A postmortem as you know is not a pretty sight, but indeed for us to determine what ailed the patient we must have an honest engagement. For a

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wound to heal, it must be cauterized and all the puss squeezed out. It would be a wasted opportunity if we peppered over long standing grievances in the name of political correctness.

We also wish to state categorically that as a party we are bold enough to develop and run our political agenda publicly without having to hide behind any other processes. We are in the BBI process solely to ensure a united country that will not fall back into the abys we have so painfully pulled ourselves from.

Having now dissected the report we are largely happy because many of the recommendations therein reflect our thinking. We however would like to propose a few improvements here and there as contained in this Memorandum

2. SHARED PROSPERITY

Kenya is the leading economy in this region and we are proud to be on a continuous growth path. Sadly, we are also among the most unequal societies in the world. ODM Party is founded on the philosophy of social justice and political ideology of social democracy. Our world outlook is based on the belief that every citizen should be accorded opportunity to participate in productive activities heared towards wealth creation. In the same vein every citizen should benefit from the fruits economic expansion. We therefore concur with the Taskforce’s observation that as a country, we need an economic revolution, to build an economy that can produce the jobs we need, urgently. We therefore particularly support the following proposals aimed at ensuring that no Kenyan is left behind in the creation of wealth and enjoyment of the economic and social development achievements:

• Seven (7) years tax holiday for youth entrepreneurship incentive programme

• Biashara Mashinani – policies and incentives for village-level businesses

• Uplifting the poor through Kubadili Plan

• Empowering the Salaries and Remuneration Commission (SRC) to tame the runaway public wage bill and rationalise salaries

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• Strengthening debt control mechanism at national and county levels

• Developing a 50-year long-term prosperity plan

In addition thereto, ODM feels that the following measures at administrative and policy levels will further expand economic horizons for our youth, women, farmers, persons with disabilities and ensuring that no Kenyan is left behind:

a Reform Youth Enterprise Funds into a holistic Youth Empowerment Programme that undertakes a holistic youth empowerment. The beneficiaries should go through three stages as follows:

a. Stage One: Training and entrepreneurial skills development

b. Stage Two: Business start-up grants c. Stage Three: credit

b Similar schemes to the foregoing should be developed and

implemented for persons with disabilities and other economically disadvantaged groups in our society.

c Establish a youth talent development programme to focus

on harnessing creative potential of young people in sports, music, dance, arts etc.

d Develop a new national investment code that emphasizes

the following in order to create wealth and employment opportunities:

a. Use of local content b. Transfer/sharing of technology c. Earn or save foreign exchange d. Create jobs directly

e To promote agriculture and end the current woes of farmers

in the food production sectors like maize, wheat, dairy etc., there is need to reintroduce Guaranteed Minimum Returns (GMR) policy so that farmers are assured of returns on their investment at the beginning of the season.

f Develop universal livestock insurance.

g The government should come up with a national labour-intensive programme akin to F.D. Roosevelt’s New Deal that would use the abundant labour and young people’s skills to develop the nation’s infrastructure and social development. For example, the affordable housing scheme could be a public works that employs graduates of TIVET

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institutions like masons. Plumbers, electricians as well as the abundant manual labour.

h Fully implement Article 43 to enable marginalised areas

realise development in the spirit of “No one is left behind” approach.

i Address historical marginalisation and injustices by

undertaking affirmative action interventions and implementation of recommendations of reports of commissions of inquiries including, but not limited, to Akiwumi Report, Ndung’u Report and the Truth, Justice and Reconciliation (TJRC) Report.

j Overhaul the tax policy to create a climate that promotes national savings and investment. In addition to the 7-year tax holiday for the youth start-up business, the national government should consider a five-year grace period for HELB loanees beginning from the time they gain gainful employment or self-employment.

3. DEVOLUTION ODM has been correctly described as the “Party of Devolution.” We recognise that devolution has largely been a success. And the people of Kenya would like to see it deepened. However, the seven years of its implementation have exposed serious challenges that if left unaddressed, will undermine its political and economic sustainability. We welcome the following proposals in the report:

• People-centred resource allocation using wards as the basis of resource allocation and financing the development of each ward to at least 30% of county development budget within 5-year term

• Allocating 70% of both the National and county budget to development expenditure and 30% to recurrent. We, however are of the view that is currently unattainable and should be achieved progressively.

• Enacting laws for regional blocs with conditional grants to be used to encourage better planning, reduced wastage and collaboration between counties

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• Strengthening oversight independence of county assemblies by ensuring the transmission and management of county assembly budget is insulated from interference by county executive

• Strengthening oversight role of county assemblies over budgets

• Restructuring or winding up of Parastatals that carrying out county government functions.

We however strongly believe that to optimise the benefits of devolution, the report should recommend the following:

a Strict observance of Article 6(2) of the Constitution and abolish Ministry of Devolution in the National Government. The coordination and cooperation of both levels of government should be handled through the Intergovernmental Relations Council.

b Equitable share of county government should be at least

35% of the annual budge as opposed to current provision of at least 15% of the last audited national revenue.

c Enacting County Governments’ Public Finance Management Act and devolve the Integrated Financial Management System (IFMIS).

d Granting county assemblies financial independence to

effectively oversight respective executives.

e Establishing and fully resourced county assembly budget offices.

f Granting Members of the County Assemblies similar powers

and privileges to those enjoyed by Members of Parliament.

g Unbundling the functions of national and county governments, costing the functions and transferring functions with commensurate resources.

h Creating county police to address local security concerns and answerable to the County Policing Authority chaired by county governors.

i Enacting legislation for the establishment of regional

economic blocks (REBs) and place regional development

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authorities and cross-county programmes and projects under the REBs

j Since KERRA and KURA service roads that fall under

county governments, they should be merged and and mandate revised to provide technical backstopping for county governments and be the regulatory agency for county governments with respect to enforcement of standards.

4. SAFETY AND SECURITY

Over the years, crime has grown in sophistication and spread. In order to effectively prevent and investigate modern crime, the agencies need to heavily invest in extensive research, scientific methods of investigation and versatility. We fully endorse the proposals in the report regarding the enhancement of peace and security. Additionally, we propose the following changes:

• Delink DCI from the National Police Service and create it as an independent security agency to renamed as Bureau of Criminal Investigations or National Criminal Investigation Services [with mandates similar to FBI and New Scotland Yard amongst others].

This recommendation is informed that the nature of crime has evolved and the agency will need to invest in top notch professionals in areas like law, cyber security, forensics, financial analysis, criminology, medicine and psychology among others. It also needs to engage in extensive research, which require extensive infrastructure and resource layout as well as policy and operational autonomy. We also propose that police accountability and containing the impunity of law enforcement agencies and ending extra-judicial executions require a revisit of the mandate and investigative and operational autonomy of the Independent Policing Oversight Authority (IPOA). We therefore propose as follows:

• Transform IPOA into an independent commission under Chapter 15 of the Constitution and merged with the Commission on Administrative Justice (Ombudsman).

5. REPRESENTATION AND LEGISLATURE

Elections emanate from the dictum of No Taxation Without Representation. They are therefore supposed to be civilized competitions – not war. However, due to the zero sum nature of our electoral system and culture, they have become a life-and-death affair that at times leads to loss of life, limb and property as well as mass displacement of populations. Our country direly needs a lasting

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solution to the cyclic electoral crises. We therefore support observations and recommendations in the report, with special emphasis on:

• Restructuring of the IEBC to pave way for a new Commission to conduct the next elections.

• Comprehensively reforming the IEBC

• Doing away with the First Past the Post electoral system.

• Party leaders of parliamentary parties to nominate IEBC commissioners for appointment by the President.

• IEBC Chairperson to be the commission’s CEO to avoid conflict occasioned by two power centres.

• Addressing gender imbalance in elective and appointive leadership positions.

• Re-introduction of the position of the Leader of Opposition in Parliament.

We further propose the following:

• Change the electoral system to Mixed Member Proportional Representation (MMPR) with a view to progressively moving to a full PR system (perhaps by the next electoral cycle). This will help address the ever elusive two-thirds gender rule’s realisation, address the need to fulfil one-person, one-vote principle while ensuring equity for less densely populated regions.

• Make manipulation of elections at all levels treasonable.

• Clarify the roles of the National Assembly and Senate (See

Annex A)

• Create and define the role and standing of the Leader of Opposition (Annex B)

6. EXECUTIVE The history of imperial presidency in Kenya, which has ensured that the holder of the office of the president is unaccountable and exceeded the constitutional limits of that office is replete with tales of exclusion, impunity and rent-seeking. This has turned this office into a trophy of conquest in every election with communities and regions

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endeavouring to win it by hook or crook. This is one of the identified geneses of cyclic post-election violence in. ODM therefore supports the dispersal of executive powers as recommended in the BBI report. We do propose that the functions, powers and roles of the Executive be exercised as in Annex C

7. CROSS CUTTING ISSUES On the Judiciary, it is our view that in order to resolve emergent tensions relating to appointment of judges, a mechanism akin to that found in the legislative process ought be introduced to ensure an avenue is opened for any Reservations the President may have on appointees to be communicated to the JSC. In this regard we propose that in the event the President has nay reservations on an appointee, he communicate by memo to the JSC and the JSC may consider the said reservations and if satisfied take the necessary steps. If the JSC is not satisfied, then the JSC can resubmit the names to the president who will have no option to appoint and if he doesn’t appoint in 14 days then the judge are automatically appointed at the end of the said 14 days. On Nairobi City County, we note the views expressed in the report on how the City should be managed. It is our considered opinion though that most opinions being expressed about Nairobi are as against the backdrop of the current leadership. It would be wholly unfair to disenfranchise over 2 million voters for what is essentially a mistake at the ballot in 2017. It would further be absurd to abolish the position of Governor and retain the County wards and the assembly which in effect will be superfluous in the absence of an executive. We are also of the view that many of the challenges in the administration of Nairobi had been foreseen and is why parliament enacted the Urban Areas and Cities Act which if fully implemented would forestall some of the challenges. Rather than wholesale punishment of an entire county for what is essentially one man’s incompetence we beseech the committee to give the good people of Nairobi another chance to correct the mistake they made in 2017 Lastly on the on-going BBI Rallies, we are clear in our minds that the Rallies are complimentary to the work being done here by your committee. It was agreed at Bomas to take the BBI report to the people and few will dispute that indeed the rallies have been a good opportunity for Kenyans at the grassroots to be heard. The attendance of these rallies is voluntary and those who feel uncomfortable publicly giving views in front of their own people are more than welcome to pursue this other option.

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THANK YOU! Dated in Nairobi this 26th February 2020

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ANNEX A

EXERCISE OF LEGISLATIVE POWERS OF PARLIAMENT

(1) Parliament shall exercise its legislative power by Bills passed by Parliament and assented to by the President. (2) Any member, or committee, of Parliament may introduce Bills in Parliament. (3) A Bill may originate in either House but a money Bill may originate only in the National Assembly. (4) Every Bill for legislation introduced in Parliament accompanied by an explanatory memorandum, outlining - must be (a) any Bill of Rights limitations or derogations, or any other constitutional implications; (b) any public participation during the preparation of the Bill; and (c) any further public participation that is recommended before the Bill is enacted. The relevant Committee shall(a) determine the nature and extent of public participation for each Bill for legislation introduced in Parliament; and (b) facilitate that participation, and ensure that it is adequately carried out. (6) Parliament shall equitably allocate time for consideration of Bills. Money Bills (1) A money Bill may be introduced only by a Minister. (2) “Money Bill” means a Bill that contains provisions dealing with – Money Bills. (a) the imposition, repeal, remission, alteration or regulation of taxes; (b) the imposition of charges on the Consolidated Fund or any other fund of the Government or the variation or repeal of any of those charges; (c) the appropriation, receipt, custody, investment, issue or audit of accounts of public money; (d) the grant of

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money to any person or authority or the variation or revocation of public money; (e) the raising or guaranteeing of any loan or the repayment thereof; or (f) subordinate matters incidental to any of those matters. (3) In clause (2), the expressions “tax”, “public money”, and “loan” do not include any tax, public money or loan raised by devolved governments. Consideration by the other House. (1) When a Bill has been passed by one House of Parliament, the Speaker of that House shall refer it to the Speaker of the other House for introduction, consideration and passage. (2) If both Houses pass a Bill in the same form, the Speaker of the House in which the Bill originated shall within seven days refer the Bill to the President for assent. (3) If one House passes a Bill and the other House rejects it, the Bill is defeated unless it is a money Bill. (4) When a Bill that in the opinion of the Speaker of the National Assembly is a money Bill, in terms of Article xxx is referred to the Senate from the National Assembly it shall bear a certificate of the Speaker of the National Assembly that it is a money Bill. (5) Where a Bill that is referred to the Senate in accordance with clause (4) is not passed by the Senate within fourteen days after it is so referred, the Bill shall be presented to the President for assent. (6) If one House passes a Bill, other than a money Bill, and the other House passes an amended version of it, the Speaker of the originating House shall call for a second vote on the Bill as amended, and shall present it to the President for assent if that House passes the Bill as amended. (7) If a Bill referred to in clause (6) is not passed in its amended form by the originating House the Speakers of both Houses shall appoint a mediation committee consisting of equal numbers of members of each House to review the different texts and attempt to develop a compromise text.

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(8) If the mediation committee agrees on a compromise text each House may vote to approve or reject the compromise text. (9) If both Houses approve the compromise text, the Speaker of the originating House shall within seven days present the Bill to the President for assent. (10) If the mediation committee fails to reach a compromise within thirty days, or if a compromise text is rejected by either House, the Bill is defeated.

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ANNEX B LEADER OF THE OPPOSITION

(1) The largest parliamentary party or coalition of parliamentary parties in the National Assembly not forming the Government shall elect from among their members of Parliament, the Leader of the Opposition.

(2) In relation to the conduct of the business in the National Assembly, the Leader of the Opposition shall –

a. rank in precedence immediately following the President, the Deputy President, the Prime Minister and the Speaker;

b. the right of participation at all official state functions; and

c. have the right of second reply, after the Prime Minister, to an address to the National Assembly by the President.

(3) The Standing Orders of the National Assembly shall provide for the effective participation in the National Assembly of the Leader of the Opposition.

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ANNEX C

THE NATIONAL EXECUTIVE Principles and Structure of the National Executive Principles of executive authority Executive authority derives from the Constitution. It is to be exercised:

(a) in a manner compatible with the principle of service to the people and the communities of Kenya; and (b) for their well-being and benefit.

The composition of the national executive shall reflect the regional and ethnic diversity of the people of Kenya. The National Executive (1) The national executive authority of the Republic shall be exercised in accordance with this Constitution by, or on the authority of, the President and the Prime Minister, Deputy President together with the rest of the Cabinet. (2) The President shall exercise the powers and perform the functions of that office on the advice of the Cabinet unless the Constitution states otherwise. Authority of the President The President shall be:

(a) Head of State; (b) Head of Government (c) Commander-in-Chief of the Kenya Defence Forces; and (d) Chairperson of the National Security Council.

State functions of the President (1) The President shall:

(a) address the opening of each newly elected House of Parliament; (b) address a special sitting of Parliament once every year; (c) once every year: . (i) report, in an address to the nation, on all the

measures taken and the state of progress achieved in the realization of the national values, principles and goals set out in Article 10 of the Constitution; and

. (ii) publish in the Gazette, the details of the measures and progress referred to in sub-paragraph (i).

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(2) The President, in accordance with the Constitution and the law, shall appoint and may dismiss:

(a) the Cabinet, including the Prime Minister, the Deputy Prime Ministers and the Ministers; (b) the Deputy Ministers; and (c) any other State or public officer whom the Constitution requires the President to appoint.

(3) The President may:

(a) appoint high commissioners, ambassadors, and diplomatic and consular representatives with the approval of the Senate; and (b) receive foreign diplomatic and consular representatives; and (c) confer honours in the name of the people and the Republic.

(4) With the approval of Parliament, the President may sign instruments of consent of the Republic to be bound by treaties and international agreements. (5) With the approval of the Cabinet, the President may— (a) subject to Article 75, declare a state of emergency; (b) declare war. (6) The President: (a) may appoint commissions of inquiry; and (b) shall cause the report of any commission of inquiry so appointed to be laid before Parliament within twenty-one days of the receipt of the report by the President. (7) The President shall liaise with the Prime Minister to ensure that:

(a) the international obligations of the Republic are fulfilled through the actions of the relevant Ministers; and (b) the courts, constitutional Commissions and State officers are able to secure their independence, impartiality, dignity, accessibility and effectiveness as contemplated in this Constitution.

(8) Once every year, the President shall submit a report to Parliament on the progress made in fulfilling the international obligations of the Republic. The President as a symbol of national unity. (1) The President shall:

(a) respect, uphold and safeguard this Constitution; (b) safeguard the sovereignty of the Republic; (c) promote and enhance the unity of the nation; (d) promote respect for the diversity of the people and communities of Kenya; and (e) ensure the protection of human rights and fundamental freedoms and the rule of law.

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(2) The President shall not hold any other State or public office. Legislative functions of the President (1) When presented with a Bill passed by Parliament, the President shall act in accordance with Article … of the Constitution. (2) The President may propose legislation and refer it to the Cabinet with a request that the Cabinet approve its introduction to the National Assembly as a government Bill. (3) The President shall ensure that:

(a) public participation requirements concerning the enactment of Acts have been satisfied by Parliament; and (b) the Prime Minister assigns responsibility for the implementation and administration of every Act of Parliament.

Exercise of presidential powers during temporary incumbency (1) A person who holds the office of President or who is authorized in terms of this Constitution to exercise the powers of the President: (a) during the period commencing on the date of the first vote in a presidential election, and ending when the newly elected President assumes office; or (b) while the President is absent or incapacitated, may not exercise the powers of the President set out in clause (2). (2) The powers referred to in clause (1) are:

(a) the nomination or appointment of the judges of the superior courts; (b) acting on a complaint leading to the removal of a judicial officer; (c) the nomination or appointment of any other public officer whom this Constitution or legislation requires the President to appoint; (d) the appointment or dismissal of a high commissioner, ambassador, or diplomatic or consular representative; (e) the power of mercy; and (f) the authority to confer honours in the name of the people and Republic.

Decisions of President A decision by the President under the authority of this Constitution or of any legislation shall be in writing and shall bear the seal and signature of the President.

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Election of President The election of the President shall be by direct adult suffrage through a secret ballot and shall be conducted in accordance with Articles 136-138 of the Constitution and any Act of Parliament regulating presidential elections. Term of office of President (1) The President shall hold office for a term not exceeding five years beginning with the date of assumption of office. (2)For the purposes of clause (1), the period that the President serves as President after an election of a new President and before the swearing in of the new President is not part of the term of the outgoing President, (3) A person shall not hold office as President for more than two terms. Office of Deputy President There shall be a Deputy President of the Republic whose election, duties, functions, removal shall be as provided for in Articles 147-151 of the Constitution.

PRIME MINISTER, DEPUTY PRIME MINSTERS AND CABINET

PRIME MINISTER

1.-(1) There shall be a Prime Minister of the Republic who shall be appointed by the President in accordance with the provisions of this Article and who, before assuming his office, shall take and subscribe before the President such oath of office of Prime Minister as may be prescribed by Parliament.

(2) As soon as possible, and in any case within fourteen days after assuming office, the President shall appoint a Member of Parliament elected from a constituency from a political party having a majority of members in the National Assembly or, if no political party has a majority, who appears to have the support of the majority of the Members of Parliament, to be Prime Minister of the Republic, and he shall not assume office until his appointment is first confirmed by a resolution of the National Assembly supported by a majority vote of the Members.

(3) Subject to the other provisions of this Constitution, the Prime Minister shall hold the office of Prime Minister until the day -

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(a) the President-elect takes the oath of office;

(b) he dies while in office;

(c) he resigns;

(d) the President appoints another Member of Parliament to hold the office of the Prime Minister;

(e) he ceases to hold the office of Prime Minister in accordance with the other provisions of this Constitution.

2.-(1) The Prime Minister shall have authority over the control, supervision and execution of the day-to-day functions and affairs of the Government of the Republic.

(2) The Prime Minister shall be the Leader of Government business in the National

(3) In the exercise of his authority, the Prime Minister shall perform or cause to be performed any matter or matters which the President directs to be done.

3.-(1) Subject to the provisions of this Constitution, the Prime Minister shall be accountable to the President for the exercise of his authority.

(2) The Executive of the Republic, under the authority of the President, shall be the organ having the power to determine the policy of the Government in general, and Ministers under the leadership of the Prime Minister, shall be collectively responsible in the National Assembly for the execution of the affairs of the Government of the Republic.

4.-(1) Notwithstanding the provisions of Article xxx of this Constitution, the National Assembly may pass a vote of no confidence in the Prime Minister if a motion in that behalf is moved and passed in accordance with the provisions of this Article.

(2) Subject to the other provisions of this Article, any motion for a vote of no confidence in the Prime Minister shall not be moved in the National Assembly if -

(a) either it has no relation with the discharge of the responsibilities of the Prime Minister in accordance with Article xxx of the Constitution or there are no allegations that the Prime Minister has contravened the law concerning the ethics of public leaders;

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(b) six months have not lapsed since he was appointed;

(c) nine months have not lapsed since a similar motion was moved in and rejected by the National Assembly.

(3) A motion for a vote of no confidence in the Prime Minister shall not be passed by the National Assembly save only if -

(a) a written notice, signed and supported by not less than thirty percent of all the Members of the National Assembly is submitted to the Speaker, at least fourteen days prior to the day on which the motion is intended to be moved before the National Assembly;

(b) the Speaker satisfies himself that the provisions of this Constitution governing the moving of the motion have been complied with.

(4) A motion which satisfies the provisions of the Article shall be moved before the National Assembly as soon as possible in accordance with the Standing Orders of the National Assembly.

(5) A motion for a vote of no confidence in the Prime Minister shall be passed only if it is supported by a majority of the Members of Parliament. (6) In the event the motion for a vote of no confidence in the Prime Minister is supported by a majority of the Members of Parliament, the Speaker shall submit that resolution to the President, and as soon as possible and in any case within two days from the day the National Assembly passes the vote of no confidence in the Prime Minister, the Prime Minister shall be required to resign, and the President shall appoint another Member of Parliament to be Prime

Minister.

Cabinet and Government

4.- (1) There shall be a Cabinet consisting of: (a) the Prime Minister; (b) Two Deputy Prime Ministers; and (c) not fewer than fifteen and not more than twenty other Ministers.

(2) The President shall attend the meetings of the Cabinet and shall preside over those meetings. In the event the President is absent, the meetings shall be presided over by the Deputy President, and if both President and the Deputy President are absent, the Prime Minister shall preside over the meetings.

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(3) Subject to the provisions contained in Article 37(1) of this Constitution, the Cabinet shall be the principal organ for advising the President regarding all matters concerning the exercise of his powers in accordance with the provisions of this Constitution, and it shall assist and advise the President over any matter which shall be submitted to the Cabinet pursuant to specific or general directions issued by the President.

(4) The Attorney General shall attend all the meetings of the Cabinet and shall have all the rights of a member of those meetings save that he shall not have the right to vote at such meetings.

(5) The question whether any advice, and if so, what advice was given by the Cabinet to the President, shall not be inquired into any court.

5.-(1) All Ministers who are members of Cabinet by virtue of Article xxx shall be appointed by the President after consultation with the Prime Minister and they shall be responsible for such offices as the President may, from time to time, by writing under his hand and the Public Seal, establish.

(2) In addition to the Ministers referred to in Clause (1) the President may, after consultation with the Prime Minister, appoint Deputy Ministers. All Deputy Ministers shall not be members of Cabinet.

(3) The President may appoint any number of Deputy Ministers who shall assist Ministers in the discharge of their duties and functions.

(4) All Ministers and Deputy Ministers shall be appointed from among Members of Parliament.

6. A Minister or a Deputy Minister shall not assume office until he has first taken and subscribed before the President, the oath of allegiance and such other oath relating to the execution of the functions of his office as may be prescribed by an Act of Parliament.

7.-(1) The tenure of office of a Minister, or a Deputy Minister shall commence on the date he is appointed to hold that office.

(2) The Office of a Deputy Prime Minister, Minister or a Deputy Minister shall become vacant upon the occurrence of any of the following:

(a) if the incumbent resigns or dies;

(b) where the incumbent ceases to be a Member of Parliament for any reason not connected with the dissolution of Parliament;

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(c) where the President revokes the appointment thereby removing the incumbent from office;

(d) where he is elected Speaker;

(e) where the Prime Minister resigns or his office becomes vacant for any other reasons;

(f) immediately before the President elect assumes office;

(g) where the Ethics Tribunal makes a decision confirming that he has contravened the law concerning ethics of public leaders.

8. Ministers and Deputy Ministers shall hold office during the pleasure of the President, and shall be paid a salary, allowances and other remuneration in accordance with a law enacted by Parliament.

Dismissal of Ministers and Deputy Ministers (1) The President shall dismiss a Deputy Prime Minister, a Minister or a Deputy Minister on his or her own motion or following advice of the Prime Minister. (2) If the National Assembly, by a resolution supported by the votes of more than half of all the members, passes a motion of no confidence in a member of the Cabinet, other than the Prime Minister, or a Deputy Minister, and the member does not resign within three days of the passage of the motion, the President shall dismiss that member or Deputy Minister. Vote of no confidence in the Prime Minister (1) A member of the National Assembly supported by at least a third of all the members may, at any time during a sitting of the National Assembly, propose a motion of no confidence in the Prime Minister. (2) If the National Assembly, by a resolution supported by the votes of more than two-thirds of all the members, passes a motion of no confidence in the Prime Minister, the Prime Minister shall submit to the Speaker of the National Assembly notice of the Prime Minister’s resignation and that of the Deputy Prime Ministers, the Cabinet Ministers and the Deputy Ministers. (3) If the Prime Minister does not submit the notice required by clause (2), within seven days of the passing of the resolution, the President shall dismiss the Prime Minister, the Deputy Prime Minister, the Cabinet Ministers and the Deputy Ministers, and the relevant provisions of Article XXXX shall apply regarding the appointment of a

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new Prime Minister. (4) The President shall not dismiss the Prime Minister, a Deputy Prime Minister, a Cabinet Minister and a Deputy Minister in any circumstances, other than those explicitly specified in this Constitution. (5) Despite a notice of resignation under clause (2) or dismissal of the Prime Minister, the deputy Prime Minister, the Ministers and the Deputy Minister under clause (3), the Prime Minister, the Deputy Prime Minister, the Cabinet and the deputy ministers shall continue in office until a new Prime Minister assumes office. Decisions, responsibility and accountability of the Cabinet (1) The Cabinet shall meet at least once a month. (2) The quorum at a meeting of the Cabinet shall be half of all the members of the Cabinet. (4) A decision of the Cabinet is not valid, and shall not be implemented, unless it is signed by the President. (5) A Minister shall attend before Parliament, or a committee of Parliament, when required to do so, and shall answer any question concerning a matter assigned to that Minister. (7) A member of the Cabinet shall provide Parliament with full and regular reports concerning matters under their control. To the extent not inconsistent with any Act of Parliament, the Prime Minister shall, under the direction of the President, assign responsibility for the implementation and administration of any Act of Parliament to: (a) a Deputy Prime Minister; (b) a Cabinet Minister; or (c) a Deputy Minister. President to be fully informed on conduct of government The Prime Minister shall keep the President fully and regularly informed concerning the general conduct of government and shall furnish the President with any information that the President may request with respect to any matter relating to government.