Why Ruto could lose executive powers during election period
Crime and Justice
By
Esther Dianah
| Apr 09, 2026
President William Ruto could temporarily lose executive authority during election periods if a proposed constitutional amendment sails through.
The draft Bill, backed by Kuna Dawa, seeks to transfer executive powers from the sitting President to the Chief Justice of Kenya during the campaign period, with the Chief Justice serving as Interim President until the swearing-in of a President-elect.
According to the proposal, the move is aimed at safeguarding electoral integrity by insulating the process from executive influence.
“Upon the official commencement of the presidential election campaign period as declared by the Independent Electoral and Boundaries Commission, the sitting President shall temporarily vacate the executive authority of the office,” the Kuna Dawa draft states.
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Beyond executive changes, the Bill proposes sweeping reforms, including reducing the number of MPs and senators, and restructuring governance to enhance accountability, oversight and economic coordination.
However, political analyst Charles Munyui has criticised the proposals.
“it is an effort if futility. It is confusing to have a referendum right now,” he said.
Munyui warned that the reforms could disproportionately empower the judiciary.
“You cannot absolve the President of duties during elections. I think these proposals are made out of assumption that the president performs unilaterally,” he added.
He further argued that the separation of powers would be undermined.
“You cannot give executive power to another arm of government… It is defective to give executive authorities to other arms of government,” Munyui said.
The Bill also proposes slashing Parliament to 188 elected members and 12 nominated, while retaining 47 senators—bringing total membership in both Houses down to 235 from the current 421.
It further suggests dissolving the 290 constituencies and introducing five elected representatives per county, including a senator, two MPs (urban and rural), a woman representative and a youth representative.
Under the proposals, a National Executive Council would be created to oversee economic planning, fiscal policy and national development priorities, with the National Treasury placed under its authority.
The draft also outlines a restructured national budget framework allocating 20 per cent to flagship national projects and 80 per cent to County Economic Blocks.
Other proposals include the creation of the offices of Prime Minister and Deputy Prime Minister, the merger of the Office of the Auditor-General with the Ethics and Anti-Corruption Commission, and the abolition of public funding for political parties.
The Bill sets campaign spending ceilings at Sh500 million for presidential candidates, Sh20 million for governors and MPs, and Sh5 million for MCA candidates, subject to periodic review by Parliament.
It also designates Narok County and Kajiado County as protected counties, reserving key leadership positions for indigenous communities.
Additional proposals include the establishment of County Economic Blocks, a Ward Development Fund, the Office of the Leader of Opposition, and restructuring of Nairobi County governance.
Security coordination would also be devolved to county governments, placing it under governors’ leadership.
Charles Gichuru said the reforms are intended to modernise governance and strengthen service delivery.
The movement is now calling for public participation under Article 257 of the Constitution, inviting stakeholders to contribute to the national dialogue on the proposed changes.