Keine Reform des konstitutionellen Parlamentsrechts: Kenias gescheiterte Building Bridges Initiative als eine institutionenpolitisch verpasste Chance?

Abstract

Following the handshake between President Uhuru Kenyatta and his main contender Raila Odinga in 2018, the Building Bridges Initiative (BBI) was launched to unite the country and improve governance. As a main outcome, a proposal to amend the 2010 constitution was introduced in 2020. However, on 31 March 2022 the Supreme Court declared the BBI unconstitutional since Kenyatta had opted to alter Kenya’s highest law by means of a popular initiative under Article 257 which is the preserve of ordinary citizens. Against the background of this failure for procedural reasons, the paper evaluates the initiative’s most important proposals in the realm of constitutional parliamentary law, i.e. the introduction both of a prime minister and the office of the leader of the opposition. For that purpose, the reform coalition’s own claims and intentions serve as a yardstick. The analysis yields mixed results. While the court’s verdict plainly provides proof that the rule of law prevails, it is more difficult to speak of a missed opportunity to readjust the political system’s design. The executive extension hardly mitigates the winner-takes-all principle that centres around the presidency. It neither shows real interest in more inclusive politics. Constitutionalizing the chief opposition post might be more welcomed even though its selection rule holds potential for conflict. It reduces the stakes of elections by giving greater weight to this office which might serve as consolation prize but also stands as symbol of democratic tolerance. In general, failed attempts to revise the supreme law merit more attention since they are part and parcel of a country’s constitutional politics and, hence, form the background for future reforms.